Rafeek v. Safeera
Case brief
What is this about?
The High Court of Kerala dismissed the matrimonial appeal against an order dismissing the petitioner's application to set aside an ex parte divorce decree due to condonation of delay, holding no ground for interference existed.
What did the court decide?
The appeal was dismissed with no relief granted to the applicants to set aside the ex parte decree.
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 MONDAY, THE 6TH DAY OF NOVEMBER 2023 / 15TH KARTHIKA, 1945 MAT.APPEAL NO. 240 OF 2023
AGAINST THE ORDER IN JUDGMENT OP 800/2017 OF FAMILY COURT,THRISSUR
APPELLANTS/PETITIONERS/RESPONDENTS 1&2:
1 RAFEEK AGED 34 YEARS S/O. ERACHAN VEETTIL BAVAKUNJU, ERACHAN VEETTIL, THOYAKKAVU (P.O), VENKINDANGU VILLAGE, CHAVAKKAD TALUK, THRISSUR, DISTRICT, PIN - 680513
2 SEFIYA AGED 75 YEARS W/O. ERACHAN VEETTIL BAVAKUNJU, ERACHAN VEETTIL,THOYAKKAVU (P.O), VENKINDANGU VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT., PIN - 680513 BY ADVS. K.B.ARUNKUMAR POOJA K.S.
RESPONDENTS/RESPONDENTS/PETITIONERS:
1 SAFEERA AGED 26 YEARS D/O. PUTHUVEETTIL KADAVIL UMMER, PUTHUVEETTIL KADAVIL, AKALAD P.O, AKALAD VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT., PIN - 680518
2 MINOR RABEEH AGED 3 YEARS REPRESENTED BY MOTHER & GUARDIAN - 1ST RESPONDENT, SAFEERA, AGED 26 YEARS, D/O. PUTHUVEETTIL KADAVIL UMMER, PUTHUVEETTIL KADAVIL, AKALAD P.O, AKALAD VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN - 680518
Issues for consideration
3 issues framed by the court
Whether an application seeking condonation of a delay of 978 days to set aside an ex parte decree justifies interference on appeal.
Whether the spread of COVID or other cited reasons warrant setting aside an order dismissed for delay where the OP was filed in 2017.
Whether there is any ground to allow the matrimonial appeal filed against the order dismissing the application for setting aside ex parte decree.
Parties & counsel
- appellant
Rafeek
- appellant
Sefiya
- respondent
Safeera
- respondent
Rabeeh (Minor)
Coram
Case details
As recorded by the court registry
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