The Kerala High Court directed the Family Court at Thiruvalla to dispose of applications seeking to set aside an ex-parte decree and condone delay within one month.
Ordering the Family Court to dispose of the applications within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE DR. KAUSER EDAPPAGATH
WEDNESDAY, THE 03RD DAY OF MARCH 2021 / 12TH PHALGUNA, 1942
OP (FC).No.409 OF 2019
IN IA 904/2018 IN IA905/18 IN OP 95/2016 OF FAMILY COURT, THIRUVALLA
PETITIONER/PETITIONER:
PHILPOSE KUNJUMON @ ANIL, AGED 48 YEARS S/O.JOHN KUNJUMON, THUNDIYEZHATHU VEEDU, NEAR POER STATION, MAVELIKARA P.O., MAVILIKARA VILLAGE, MAVELIKARA TALUK, ALAPPUZHA- 690101.
BY ADVS.
SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH
RESPONDENT/RESPONDENT
JESSY PHILPOSE @ JESSY CHACKO, AGED 48 YEARS W/O.PHILPOSE KUNJUMON @ ANIL, KOLLAKUNNEL VEEDU, KUNNAMTHANAM VILLAGE, MALLAPPALLY TALUK, KUNNAMTHANAM P.O., PATHANAMTHITTA- 689581, FROM CHAMMATHIL MALAYIL, KUNNAMTHANAM P.O., MALLAPPALLY TALUK, PATHANAMTHITTA- 689581.
R1 BY ADV. SRI.T.P.PRADEEP R1 BY ADV. SRI.S.SREEDEV R1 BY ADV. SRI.P.K.SATHEES KUMAR R1 BY ADV. SMT.NITHYA VIJAYAN R1 BY ADV. SMT.MINIKUMARY M.V.
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 3-3-2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(FC).No.409/2019
2
JUDGMENT
Dated this the 3rd day of March 2021
A.MUHAMED MUSTAQUE, J.
The petitioner has filed I.A.No.904/2018 in O.P.No.95/2016 to set aside an ex-parte decree along with an application to condone delay in filing that petition before the Family Court, Thiruvalla. This original petition was filed seeking an early disposal of the above applications.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
Dr. KAUSER EDAPPAGATH
kp
True copy
JUDGE
P.A. To Judge
O.P.(FC).No.409/2019
3
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE JUDGMENT IN O.P.NO.95 OF 2016 OF FAMILY COURT, THIRUVALLA, DATED 31.01.2017.
EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE E.P.NO.22 OF 2018 IN O.P.NO.95 OF 2016 FILED BEFORE THE FAMILY COURT, MAVELIKKARA, DATED 15.03.2018. EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE I.A.NO.904/2018 IN O.P.NO.95 OF 2016 OF FAMILY COURT, THIRUVALLA, DATED 01.10.2018.
EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE I.A.NO.905 OF 2018 IN O.P.NO.95 OF FAMILY COURT, THIRUVALLA, DATED 01.10.2018.
1 issue framed by the court
Whether to condone delay in filing an application to set aside an ex-parte decree and order disposal within one month.
PHILPOSE KUNJUMON @ ANIL
JESSY PHILPOSE @ JESSY CHACKO
A.MUHAMED MUSTAQUE
DR. KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
