IBRAHIM Vs. KHADEEJA

JUDGEMENT

(1.) THESE cases being connected and between the same parties, we dispose of the same by this common Judgment.

(2.) PETITIONER in R.P.(FC).No.390/2010 is the husband of the first respondent and father of other respondents. The appellant in Mat. Appeal No.959/2010 is the husband of the respondent in the Appeal.

(3.) WE notice and there is no dispute about it that pursuant to the order passed in R.P.(FC).No.390/2010, the original petitioner/appellant has deposited the entire amount due in M.C.No.1081/2009. Of course, the case of the original petitioner/appellant was that the power of attorney was discussing about the case with his counsel in the verandah of the court and he could not appear in the court hall when the cases in the special list was called on 6.5.2010. Having regard to the nature of the case and the impact on the rights of the parties and also the fact that the original petitioner/appellant has deposited the amount as directed by this Court, we feel that there is a need for adjudication on merits. WE take a liberal view and we allow R.P.(FC).No.390/2010 and Mat. Appeal No.959/2010 and set aside the common order rejecting the application to set aside the ex parte decisions and direct the Family Court, Malappuram to take up M.C.No.1081/2009 and OP.No.1018/2009 and take a decision on the same on the merits of the matter. WE further order that the amount which has already been deposited by the original petitioner /appellant in R.P.(FC).No.390/2010 shall be released to the respondents in R.P.(FC).No.390/2010. The Family Court, Malappuram will expedite the matter and take a decision in the matter within a period of three months from the date of production of a copy of this Judgment before it. WE further direct that the amount which is deposited and ordered to be released to the respondents shall be adjusted dependant on the decision to be taken by the Family Court in the matter.