IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 11515 of 2010(R)
1. VEENA @ JASEENA, AGED 31 YEARS,
... Petitioner
Vs
1. VINU P.R., S/O RAJENDRAN,
... Respondent
For Petitioner :SMT.LEKHA SURESH
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS
Dated :06/04/2010
O R D E R
K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ.
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W.P.(C) No.11515 of 2010-R
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Dated, this the 6th day of April, 2010
J U D G M E N T
K.M.Joseph, J.
Petitioner challenges Ext.P7. Ext.P7 is an order
by which the applications filed by the respondent to set aside
the exparte decree and to condone the delay in filing the same
has been allowed by the Family Court, Ernakulam. It is
stated that the impugned order is illegal and perverse. It is
the case of the petitioner that the Court below seriously erred
in allowing the applications. It is stated that the respondent
was represented by lawyer and was given ample opportunity
to contest the case. What is more important is that the
Family Court itself held that there is wilful laches on the part of
the respondent in prosecuting the O.P and that sufficient
opportunity was given to him to substantiate his contentions.
However, the Family Court found it fit to condone the delay
and to set aside the exparte decree on payment of cost.
2. We must remind ourselves that we are dealing
with the matter under Article 227 of the Constitution. The
WPC 11515/2010 -2-
substance of the matter is that the Family Court has
exercised discretion to condone the delay and to set aside the
exparte decree. Probably we may have taken a different view
if we are exercising the power of the Family Court. To
substitute our view for that of the Court is part of the
appellate jurisdiction. Taking note of the limits under Article
227 and also taking note of the need for an adjudicated
decision, we decline jurisdiction. At the same time, we direct
the Family Court to take up O.P.No.1465/2007 and dispose of
the same within a period of six months from the date of
production of a copy of this judgment.
(K.M.JOSEPH)
JUDGE.
(M.L.JOSEPH FRANCIS)
JUDGE.
MS