Jayakrishnan.R.C., v. Archana Manoj
Case brief
What is this about?
The High Court recalled an order dismissing an matrimonial appeal on the ground that the appellant failed to challenge earlier dismissals of applications under Order 9 Rule 13 CPC. The court allowed a review petition, set aside the ex parte decree, and permitted parties to contest the matter on merits subject to costs.
What did the court decide?
The ex parte judgment and decree dated 14.7.2015 set aside; parties permitted to contest on merits subject to payment of Rs.50,000/- costs to the wife.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
TUESDAY, THE 3RD DAY OF OCTOBER 2023 / 11TH ASWINA, 1945
MAT.APPEAL NO. 129 OF 2023
AGAINST THE JUDGMENT IA 1700/2015 IN OP 40/2015 OF FAMILY COURT, CHAVARA
APPELLANT/PETITIONER:
JAYAKRISHNAN.R.C., S/O.RAVEENDRAN PILLAI, VIJAYA BHAVANAM, THEVALAKKARA.P.O., PALACKALCHERY, KARUNAGAPPALLY TALUK,KOLLAM DISTRICT.
BY ADVS. B.KRISHNA MANI DHANUJA M.S
RESPONDENT/PETITIONER:
Issues for consideration
3 issues framed by the court
Whether the High Court correctly dismissed the appeal on the ground that the appellant failed to challenge the family court order which dismissed applications to set aside the ex parte decree.
Whether the appellant is entitled to have the impugned ex parte judgment and decree set aside to contest the matter on merits.
Whether the appellant's filing of a matrimonial appeal instead of a writ petition barred the remedy of setting aside the ex parte decree.
Parties & counsel
- appellant
Jayakrishnan R.C.
- respondent
Archana Manoj
Coram
Amit Rawal
Case details
As recorded by the court registry
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