IN THE HIGH COURT OF KERALA AT ERNAKULAM
Mat Appeal No. 131 of 2007()
1. SAJEEV.S.NAIR,
... Petitioner
Vs
1. P.K.REEMA, AGED 27 YEARS,
... Respondent
For Petitioner :SRI.K.ABDUL JAWAD
For Respondent :SRI.K.M.FIROZ
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :10/01/2008
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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Mat.Appeal No.131 OF 2007
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Dated 10th January, 2008.
J U D G M E N T
Kurian Joseph, J.
This appeal is directed against the order dated
11.1.2007 in O.P.No.277/06 on the file of the Family Court,
Malappuram. The appellant is the respondent before the Family
Court. The petition was filed for restitution of conjugal rights. It
is seen from the order that the appellant was not present on the
posting date and based on the affidavit of the wife, the petition
was allowed.
2. Having regard to the nature of the order, and
particularly taking note of the fact that we have already relegated
the appellant to pursue the remedy of restoration of the divorce
case before the Family Court, we are of the view that it is only in
the interests of justice that the appellant is given an opportunity
to contest the matter on merits. Accordingly, we set aside the
order dated 11.1.2007 in O.P.277/06 and remit the matter to the
Family Court. The Family Court shall dispose of the Original
Petition within six months from the date of receipt of a copy of
the judgment. The appellant shall pay an amount of Rs.3,000/-
Mat.Appeal No.131/2007 2
(Rupees three thousand only) by way of costs to the respondent
and the amount shall be paid through the counsel appearing for
the respondent herein.
I.A.Nos.620/07& 2601/07 : Dismissed.
KURIAN JOSEPH, JUDGE.
HARUN-UL-RASHID, JUDGE.
tgs
KURIAN JOSEPH &
HARUN-UL-RASHID, JJ
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Mat.Appeal No.131 OF 2007
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J U D G M E N T
Dated 10th January, 2008.