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Shereena vs Nafiyudheen on 8 July, 2009

Kerala High Court
Shereena vs Nafiyudheen on 8 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RPFC.No. 176 of 2009(E)


1. SHEREENA,D/O.ABDUL SATHAR,AGED 34 YEARS,
                      ...  Petitioner
2. EYAD MUHAMMED,S/O.NAFEYUDIN,

                        Vs



1. NAFIYUDHEEN,S/O.FAKEER MUHAMMED,
                       ...       Respondent

                For Petitioner  :SRI.ALEXANDER JOSEPH

                For Respondent  :SRI.S.RAJEEV

The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :08/07/2009

 O R D E R
                            THOMAS P. JOSEPH, J.
                           --------------------------------------
                             R.P.(FC) No.176 of 2009
                           --------------------------------------
                      Dated this the 8th day of July, 2009.

                                        ORDER

Heard both sides.

2. This revision is in challenge of order dated 20.2.2009 in

M.C.No.257 of 2007 of Family Court, Ernakulam. Petitioners, wife and son of

respondent claimed maintenance from him. When that petition came up for

hearing on 20.2.2009 petitioners were not present. There was no

representation for them. Learned Judge dismissed the petition for default. It is

submitted by learned counsel for petitioners that on the relevant day, petitioner

No.1 could not appear in court as she had been to Bangalore accompanying her

sister who was to attend an interview there. Counsel for respondent submits that

for six posting dates before 20.2.2009 also petitioners were absent.

3. On the day the petition was dismissed for absence of the

petitioners, they could not appear for the reason above stated. I am not inclined

to think that there was wilful default or laches on the part of petitioners in not

appearing in court. I am inclined to give petitioners an opportunity to prosecute

the petition.

RP(FC) No.176/2009

2

Resultantly this revision is allowed. Order under challenge is set aside

and M.C.No.257 of 2007 is remitted to the Family Court, Ernakulam for disposal

after giving both sides an opportunity to adduce their evidence. Parties shall

appear in the court below on 16.7.2009.

THOMAS P.JOSEPH,
Judge.

cks

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