NEETHU M. Vs. SABAREENATH M.S.
LAWS(KER)-2017-8-293
HIGH COURT OF KERALA
Decided on
August 21,2017
Neethu M.
Appellant
VERSUS
Sabareenath M.S.
Respondents
Referred Judgements :-
ABU BACKER V. JOHN [REFERRED TO]DEEPALI PRATAP SONAWANE V. PRATAP IRAPPA SONAWANE [REFERRED TO]
PASUPULETI VENKATESWARLU VS. MOTOR AND GENERAL TRADERS [REFERRED TO]
BASANT SINGH VS. ROMAN CATHOLIC MISSION [REFERRED TO]
SUNIL PODDAR VS. UNION BANK OF INDIA [REFERRED TO]
R K SHARMA VS. ASHOK NAGAR WELFARE ASSOCIATION AND COMPANY [REFERRED TO]
KUNHIMON VS. JAMEELA [REFERRED TO]
DWARIKA PRASAD VS. SHAKUNTALA DUBEY [REFERRED TO]
KULDIP KUMAR LAL VS. SUMAN RANI [REFERRED TO]
BASHEER M.PICHA VS. INDIAN BANK [REFERRED TO]
JUDGEMENT
A.M.SHAFFIQUE,J. -
(1.)This original petition is filed challenging Ext. P9 order in I.A.No. 956 and 957 in O.P. No. 166 of 2013 of the Family Court, Malappuram.
(2.)The short facts arising in the matter are as under:
O.P. No. 166 of 2013 is filed by the petitioner herein seeking for a divorce on the ground of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The marriage between the parties was solemnised on 05.05.2011 and they got separated on 05.02.2012. The original petition was filed on 11.02.2013. Though notice was served on the respondent, she did not appear and therefore an ex-parte decree had been passed on 19.03.2014 as evident from Ext. P-2. After divorce, petitioner married another girl by name Reshma Rajan on 25.06.2015.
(3.)The respondent filed I.A. No. 957 of 2015 to set aside the ex-parte decree along with I.A. No. 956 of 2015 to condone the delay of 456 days. Counter affidavit has been filed by the respondent to the above applications. However, the Family Court allowed the said applications by condoning the delay and the ex-parte decree had been set aside by Ext. P9 order, which is being impugned.
(2.)The short facts arising in the matter are as under:
O.P. No. 166 of 2013 is filed by the petitioner herein seeking for a divorce on the ground of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The marriage between the parties was solemnised on 05.05.2011 and they got separated on 05.02.2012. The original petition was filed on 11.02.2013. Though notice was served on the respondent, she did not appear and therefore an ex-parte decree had been passed on 19.03.2014 as evident from Ext. P-2. After divorce, petitioner married another girl by name Reshma Rajan on 25.06.2015.
(3.)The respondent filed I.A. No. 957 of 2015 to set aside the ex-parte decree along with I.A. No. 956 of 2015 to condone the delay of 456 days. Counter affidavit has been filed by the respondent to the above applications. However, the Family Court allowed the said applications by condoning the delay and the ex-parte decree had been set aside by Ext. P9 order, which is being impugned.
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