The High Court dismissed a matrimonial appeal against a Family Court order. The High Court declined to set aside the ex parte decree on terms, citing that the disputed amount was minimal, costs were reasonable, and the underlying dispute in connected cases was settled.
The matrimonial appeal is dismissed. The ex parte decree remains.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
&
THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH
MONDAY, THE 19TH DAY OF MARCH 2018 / 28TH PHALGUNA, 1939
Mat.Appeal.No. 324 of 2018
AGAINST THE ORDER IN I.A.NO.376/2017 AND I.A.377/2017 IN O.P.1011/2013 OF FAMILY COURT, CHAVARA DATED 12.2.2018
APPELLANT(S)/PETITIONERS/COUNTER PETITIONERS
1 MOHANAN, THEKKESSERIL VEEDU, PAIKKUZHI MURI, OACHIRA P.O., OACHIRA VILLAGE, KARUNAGAPPALLY.
2 USHA,
-DO-
BY ADVS.SRI.D.SREEVALLABHAN SRI.S.JAYAKRISHNAN (KARUNAGAPPALLY) SRI.RAGHUL SUDHEESH
RESPONDENT(S)/RESPONDENTS/PETITIONERS:
1. V.SAJIKUMAR, SUDHALAYAM, ELIPPAKULAM MURI, VALLIKUNNAM VILLAGE, MAVELIKKARA TALUK.693 442
2. VASUDEVAN,
3. SUDHARMA,
R1 BY ADV. SRI.B..KRISHNA MANI (CAVEATOR)
THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 19-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
V. CHITAMBARESH & K.P. JYOTHINDRANATH, JJ.
- - - - - - - - - - - - - - - - - - - - - - - Mat. Appeal No.324 of 2018
- - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of March, 2018
J U D G M E N T
Chitambaresh, J.
The court below has thought it fit to set aside the ex parte decree on terms in order to have an adjudication on merits. The amount ordered to be deposited comes to only 1/7th of the total decree debt. This is in addition to the payment of costs of Rs.10,000/-, which is not excessive. The court below has also taken note of the fact that the dispute in connected cases is settled between the parties. We do not think that we should entertain this appeal and to protract the proceedings further.
The matrimonial appeal is dismissed.
Sd/-
V. CHITAMBARESH
JUDGE
Sd/-
K.P. JYOTHINDRANATH JUDGE
shg/
2 issues framed by the court
Whether the matrimonial appeal against an ex parte decree order of the Family Court should be entertained.
Whether the deposit of one-seventh of the decree debt and settlement in connected cases warrants setting aside the ex parte decree.
MOHANAN, THEKKESSERIL VEEDU, PAIKKUZHI MURI, OACHIRA P.O.
USHA
V.SAJIKUMAR
VASUDEVAN
SUDHARMA
V. CHITAMBARESH
K.P. JYOTHINDRANATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
