IN THE HIGH COURT OF KERALA AT ERNAKULAM
Mat.Appeal.No. 731 of 2008()
1. SUBAIDA,W/O.ABDUL AZEEZ,
... Petitioner
2. AZEENA,D/O.ABDUL AZEEZ,
Vs
1. ABDUL AZEEZ,(RAJAN),
... Respondent
For Petitioner :SRI.M.DINESH
For Respondent :SRI.JOMY GEORGE
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :30/10/2009
O R D E R
R.BASANT & M.C.HARI RANI, JJ.
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MAT.APPEAL No.731 OF 2008
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DATED THIS THE 30th DAY OF OCTOBER, 2009
J U D G M E N T
Basant, J.
Aggrieved by the order of the Family Court, dismissing their
application for maintenance and marriage expenses, for deafult,
the appellants have come before this Court. The appellants are
– a mother aged 53 years and her daughter aged 30 years. The
respondent herein is their husband/father.
2. The matter was ripe for hearing. On a day when the
matter came up for hearing, the respondent herein was not
present. The court below noted the absence of the respondent
and posted the case for disposal. On such date to which the case
was posted for disposal, the respondent filed an application for
review. On that day, the appellants and their counsel were not
present. The court below allowed the review petition and
immediately took up O.P.No.57/2006 for consideration and
dismissed the same for default.
3. The learned counsel for the appellants submits that
such a hasty and hurried disposal for default was not justified.
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The court below did not show the compassion and sympathy
which a Family Court must imbibe and display to discharge its
onerous responsibilities under the Act.
4. We have heard the learned counsel for the respondent.
5. We need not expatiate. We are satisfied that there is
merit in the submission of the learned counsel for the appellants.
On a date on which the case was posted for consideration of the
review application, it was not at all necessary to dispose of the
O.P, for default on the part of the claimants/appellants herein.
We are satisfied that the impugned order warrants interference
invoking our appellate jurisdiction under Section 19 of the Family
Courts Act.
6. In the result:
(a) this appeal is allowed.
(b) the impugned order is set aside.
(c) the Family Court is directed to dispose of
O.P.No.57/2006 afresh in accordance with
law, as expeditiously as possible – at any rate
within a period of three months from
Mat.A.No.731/08 -3-
23.11.2009 on which date the parties shall
appear before the Family Court to proceed
further with the matter.
7. Hand over copy of this judgment to the learned
counsel for both sides. The parties and their counsel shall be
present before the Family Court on 23.11.2009. Compliance
shall be reported to this Court.
R.BASANT, JUDGE.
M.C.HARI RANI, JUDGE.
dsn