Partly allowed
Ashily v. Sabeela
Kerala HCCrl.MC/675/2024
Case brief
AI extract
What is this about?
Appeal against Family Court order imposing 10% deposit condition to set aside ex parte decree in maintenance suit. Court substituted 10% condition with fixed sum of Rs.50,000.
What did the court decide?
10% deposit condition substituted with deposit of Rs.50,000 on appeal against impugned Family Court order.
What the court decided
AI extract
¶1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
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PRESENT
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THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA,
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1946
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CRL.MC NO. 675 OF 2024
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AGAINST THE ORDER/JUDGMENT DATED 14.12.2023 IN MC
NO.529 OF 2017 OF FAMILY COURT,THIRUVANANTHAPURAM
PETITIONER/PETITIONER/ORIGINAL COUNTER PETITIONER :
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ASHILY, AGED 49 YEARS
S/O LATE SALAHUDEEN, PALAVILAKAM,
PRESSMUKKU, EDAVA, VARKALA,
THIRUVANANTHAPURAM DISTRICT., PIN – 695 311.
BY ADV ASHILY(PARTY-IN-PERSON)
¶8
RESPONDENT/COUNTER PETITIONER/ORIGINAL PETITIONER AND
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STATE :
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1 SABEELA, AGED 37 YEARS, W/O ASHLY, NADUTHATTUVALUVILAKOM, KUNCHALUMOODU, KARAMANA, THIRUVANANTHAPURAM, PIN – 695 002.
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2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682 031. BY ADV P.V.ANIL
Issues for consideration
2 issues framed by the court
AI extract
Whether the petitioner was correctly set aside ex parte order.
Whether the condition of depositing 10% of arrears was appropriate for setting aside the ex parte order.
Parties & counsel
AI extract
- petitioner
ASHILY
- respondent
SABEELA
- respondent
STATE OF KERALA
Coram
AI extract
Case details
As recorded by the court registry
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