M.K. Shaji v. Geetha
Case brief
What is this about?
The High Court set aside an order dismissing an application to reopen evidence in a divorce case. It directed parties to complete evidence by cross-examination within two weeks and fixed a hearing date, with costs imposed on the petitioner.
What did the court decide?
Order IA.No.3416/2016 set aside; application allowed with condition to pay Rs.5,000 costs and produce memo; parties to complete evidence by 14.3.2017.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
TUESDAY, THE 21ST DAY OF FEBRUARY 2017/2ND PHALGUNA, 1938
OP (FC).No. 44 of 2017 (R) ---------------------------
AGAINST THE ORDER IN OP.NO.603/2013 OF FAMILY COUART, IRINJALAKUDA
PETITIONER/PETITIONER:
M.K. SHAJI AGED 66 YEARS, S/O.M.K.KUMARAN, 'SAYEESWARAM', HOSPITAL ROA,D CHAVAKADU, KERALA
BY ADVS.SRI.K.R.VINOD MS.JENCY SUSAN JOSE SRI.V.SRI NATH SRI.S.ARAVIND
RESPONDENT/RESPONDENT:
GEETHA AGED 55 YEARS, W/O.SHAJI, MAALIYAM VEETTIL, 11TH CROSS, UDAYA NAGAR, AYYANTHOL, THRISSUR 680 001.
Issues for consideration
2 issues framed by the court
Whether the High Court should allow the reopening of evidence in a divorce proceeding where previous adjournments were attributable to defaults by parties.
Whether the order dismissing the application to reopen evidence should be set aside to ensure the case is disposed of on merits.
Parties & counsel
- petitioner
M.K. SHAJI
- respondent
GEETHA
Coram
A.M. SHAFFIQUE
Case details
As recorded by the court registry
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