Partly allowed

Jomon K. Jacob v. Elizabeth John

Kerala HC2 Nov 2023RPFC/97/2023

Case brief

AI extract

What is this about?

The High Court of Kerala granted opportunity to the husband to contest matrimonial, divorce, and maintenance proceedings following his surgery. The impugned ex parte decree was set aside on payment of costs, and the matters were restored to the Family Court.

What did the court decide?

Impugned ex parte judgments and decrees set aside; cases restored for contesting; costs of Rs.75,000/- to be paid by husband.

Jomon K. Jacob Vs Elizabeth John — Maintenance and Alimony | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE AMIT RAWAL

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THE HONOURABLE MRS. JUSTICE C.S. SUDHA

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THURSDAY, THE 2^ND DAY OF NOVEMBER 2023 / 11TH KARTHIKA, 1945

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MAT.APPEAL NO. 232 OF 2023

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AGAINST THE JUDGMENT IN OP 12/2021 OF FAMILY COURT, THIRUVALLA

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APPELLANTS/RESPONDENTS:

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1 JOMON K. JACOB AGED 43 YEARS S/O JACOB RAJU, KALLELIMALAYIL HOUSE, OTHERA EAST P.O.,ERAVIPEROOR VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT, PIN - 689546

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2 VALSAMMA RAJU AGED 70 YEARS W/O JACOB RAJU, KALLELIMALAYIL HOUSE, OTHERA EAST P.O., ERAVIPEROOR VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT, PIN - 689546

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BY ADV K.N.RADHAKRISHNAN(THIRUVALLA)

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RESPONDENT/PETITIONER:

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ELIZABETH JOHN AGED 37 YEARS D/O P.M.JOHN, RAJI VILLA, HARIPAD P.O, HARIPADU VILLAGE, KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT, PIN - 690514

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BY ADVS. Joseph P. Alex JACOB P.ALEX(K/000355/2000) MANU SANKAR P.(K/000823/2018) AMAL AMIR ALI(K/000773/2019)

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THIS MATRIMONIAL APPEAL HAVING COME UP FOR HEARING ON 02.11.2023, ALONG WITH RPFC.97/2023, 220/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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MAT.APPEAL NO. 232 OF 2023 and conctd. Cases

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE AMIT RAWAL

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THE HONOURABLE MRS. JUSTICE C.S. SUDHA

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THURSDAY, THE 2^ND DAY OF NOVEMBER 2023 / 11TH KARTHIKA, 1945

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RPFC NO. 97 OF 2023

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AGAINST THE ORDER IN MC 111/2020 OF FAMILY COURT, THIRUVALLA REVISION PETITIONER/RESPONDENT:

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JOMON K. JACOB AGED 43 YEARS S/O JACOB RAJU, KALLELIMALAYIL HOUSE, OTHERA EAST P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689546

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BY ADV K.N.RADHAKRISHNAN(THIRUVALLA)

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RESPONDENT/PETITIONER:

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ELIZABETH JOHN AGED 37 YEARS D/O P.M.JOHN, RAJI VILLA, HARIPAD P.O, HARIPADU VILLAGE, KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT, PIN - 690514

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BY ADVS. JACOB P. ALEX JOSEPH P.ALEX(K/1-C/2002) MANU SANKAR P.(K/000823/2018) AMAL AMIR ALI(K/000773/2019)

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THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR HEARING ON 02.11.2023, ALONG WITH Mat.Appeal.232/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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MAT.APPEAL NO. 232 OF 2023 and conctd. Cases

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE AMIT RAWAL

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THE HONOURABLE MRS. JUSTICE C.S. SUDHA

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THURSDAY, THE 2^ND DAY OF NOVEMBER 2023 / 11TH KARTHIKA, 1945 MAT.APPEAL NO. 220 OF 2023

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AGAINST THE JUDGMENT IN OPDIV 11/2021 OF FAMILY COURT, THIRUVALLA

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APPELLANT/RESPONDENT:

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JOMON K. JACOB AGED 43 YEARS S/O JACOB RAJU, KALLELIMALAYIL HOUSE, OTHERA EAST P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689546

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BY ADV K.N.RADHAKRISHNAN(THIRUVALLA)

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RESPONDENT/PETITIONER:

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ELIZABETH JOHN AGED 37 YEARS D/O P.M.JOHN, RAJI VILLA, HARIPAD P.O, HARIPADU VILLAGE, KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT. PIN- 690514,

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BY ADVS. JACOB P. ALEX JOSEPH P.ALEX(K/1-C/2002) AMAL AMIR ALI(K/000773/2019) MANU SANKAR P.(K/000823/2018)

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THIS MATRIMONIAL APPEAL HAVING COME UP FOR HEARING ON 02.11.2023, ALONG WITH Mat.Appeal.232/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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MAT.APPEAL NO. 232 OF 2023 and conctd. Cases

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JUDGMENT

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Both the Appeals No.232 of 2023 and 220 of 2023 and one RPFC No.97 of 2023 have been filed against the common judgment in OPDIV No.11 of 2021 and OP No.12 of 2021 and MC No.111 of 2020 seeking recovery of the gold ornaments, divorce and past and future maintenance respectively. In all these three proceedings, husband was proceeded ex parte on account of the fact that he had undergone a surgery.

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Learned counsel appearing on behalf of the appellant submitted that husband may be granted a chance to contest the case as there is a likelihood that the claim so set up may be either set aside or likely to be reduced as there are umpteen number of documents to be proved subject to any terms and conditions.

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We are of the view that a quietus can be brought in case the husband is granted opportunity to contest the case subject to cost of Rs.75,000/- to be paid to the respondent wife. The impugned ex parte judgment and decree is set aside. The OPDIV No.11 of 2021 and OP No.12 of 2021 and MC No.111 of 2020 are restored to original number. Husband is granted chance to contest the matters. The parties through their counsel are directed to appear before the trial court on 4.12.2023. It is made clear that the payment of cost

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MAT.APPEAL NO. 232 OF 2023 and conctd. Cases

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shall be a condition precedent; otherwise ex parte judgment and decree passed by the Family Court shall sustain.

sd/-

AMIT RAWAL

JUDGE

sd/-

sab

C.S. SUDHA

JUDGE

MAT.APPEAL NO. 232 OF 2023 and conctd. Cases

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APPENDIX OF RPFC 97/2023

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PETITIONER ANNEXURES

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Annexure 1 THE CERTIFIED COPY OF COMMON ORDER IN M.C NO. 111/2020 DATED 12.01.2023

Jomon K. Jacob v. Elizabeth John

Case brief

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Jomon K. Jacob v. Elizabeth John

Case brief

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