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.
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R.P.(FC) No.176 of 2009
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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.
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