IN THE HIGH COURT OF KERALA AT ERNAKULAM
Mat.Appeal.No. 380 of 2010()
1. VASANTHKUMAR, S/O.BALACHANDRAN NAIR,
... Petitioner
Vs
1. JAYANTHI KANAKADEVI,
... Respondent
For Petitioner :SRI.G.SREEKUMAR (CHELUR)
For Respondent :SRI.BABU S. NAIR
The Hon'ble MR. Justice R.BASANT
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :11/11/2010
O R D E R
R. BASANT &
K. SURENDRA MOHAN, JJ.
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C.M.Appl. Nos.1069 & 1070/10 &
Mat. Appeal Nos.380 & 381 of 2010
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Dated this the 11th day of November, 2010
ORDER/JUDGMENT
Basant,J.
These petitions are for condonation of delay in filing two
Mat. Appeals. We have heard both counsel. The appeals are
directed against orders passed by the Family Court dismissing
applications to set aside the ex parte orders in two O.Ps. In the
O.Ps. past maintenance as also restitution of conjugal rights
were claimed. Such prayers were allowed as per the ex parte
orders passed.
2. We have heard both counsel. The common appellant
has already deposited an amount of Rs.1,18,000/-. After hearing
both sides, we are satisfied that a lenient view can be taken; the
delay in filing the appeals can be condoned and the appeals can
themselves be allowed subject to appropriate terms and
Mat. Appeal Nos.380 &
381 of 2010 -: 2 :-
conditions.
3. In the result:
(a) The applications for condonation of delay are allowed
and the appeals are admitted.
(b) The appeals are allowed subject to conditions.
(c) Both appeals shall stand allowed, the impugned orders
and the ex parte orders shall stand set aside and the court below
shall dispose of O.P.Nos.185/08 and 708/08 afresh on merits on
the following terms:
(i) The amount of Rs.1,18,000/- deposited by the appellant
before the lower court shall forthwith be released to the
respondent/claimant/wife.
(ii) The appellant shall deposit before the court below the
entire balance amount due under the decree for past
maintenance in O.P.No.708/08 within a period of 60 days from
this date. If the amount is deposited, the court below shall
retain the same in a Fixed Deposit account with any nationalised
bank such that the principal amount along with interest accrued
can be released to the successful party after fresh disposal of
O.P.No.708/08.
(iii) The parties shall appear before the court below on
13/1/2011.
Mat. Appeal Nos.380 &
381 of 2010 -: 3 :-
(iv) If the above conditions are satisfied, the court below
shall proceed to dispose of O.P.No.185/08 and O.P.No.708/08
afresh in accordance with law. The court below shall dispose of
the matter as expeditiously thereafter as possible – at any rate,
within a period of 4 months from 13/1/11. If the conditions are
not complied with, the court below shall record that fact on
13/1/11 and thereupon the impugned orders shall revive.
R. BASANT
(Judge)
K. SURENDRA MOHAN
(Judge)
Nan/