IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA No. 292 of 2001()
1. JOSE ANTONY
... Petitioner
Vs
1. JUDI
... Respondent
For Petitioner :SRI.B.S.SWATHY KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :28/02/2008
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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M.F.A.NO. 292 OF 2001
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Dated this the 28th day of February, 2008
JUDGMENT
Kurian Joseph, J.
This appeal is at the instance of the petitioner in O.P. No. 123 of
2000 on the file of the Family Court, Manjeri. The said Original Petition
was filed praying for a decree of divorce on the ground of adultery. The
adulterer is impleaded as the second respondent. It is seen that the
Original Petition was dismissed on the ground that the appellant was
continuously absent.
2. According to the learned counsel appearing for the
appellant/petitioner, the power of attorney holder of the appellant was
present before the court. Be that as it may, we are of the view that the
dismissal of the Original Petition for default may not stand in the way of
the appellant approaching the Family Court, if required, incorporating
additional grounds, if any, available in view of the intervening
developments. We do not find that such a course of action will cause any
M.F.A.NO.292/2001 2
prejudice to the parties.
Therefore, we dispose of the appeal making it clear that the
judgment and decree under appeal shall not stand in the way of the
appellant filing a fresh petition for divorce incorporating additional
grounds, if any, in view of the intervening developments.
(KURIAN JOSEPH, JUDGE)
(HARUN-UL-RASHID, JUDGE)
sp/
M.F.A.NO.292/2001 3
KURAIN JOSEPH &
HAURN-UL-RASHID, J.J
M.F.A.NO.292/2001
JUDGMENT
28TH FEBRUARY, 2008
