THANKAMANIYAMMA Vs. MINIKUMARY

JUDGEMENT

(1.) This appeal has been filed seeking to set aside the order in I.A.No.64/2016 dated 5.10.2018 on the files of the Family Court, Chavara. The first respondent in O.P.No.936/2013 is the son of the appellant. The marriage of the son of the appellant was solemnised on 02.04.2006. The relationship between the son of the appellant and the original petitioner got strained.

(2.) O.P.No.1467/2010 filed by the respondent herein before the Family Court, Kollam and later transferred to Family Court, Chavara and renumbered as O.P.No.936/2013. According to the respondent, she was given 25 sovereigns of gold ornaments and Rs.50,000/- as cash at the time of marriage. It is alleged that the son of the appellant misappropriated the amounts and gold. Hence the original petition was filed seeking for return of gold and money. O.P.No.936/2013 was decreed ex parte on 15.10.2013. Appellant preferred I.A.No.64/2016 to set aside ex parte decree along with I.A.No.65/2016 to condone the delay of 817 days in preferring the petition for setting aside the ex parte decree.

(3.) Appellant is a chronic heart-patient and is under treatment at various hospitals and had undergone cardiac surgery in the year 2015. On 05.10.2018 the Family Court allowed the petition to condone the delay and the petition to set aside the ex parte decree was allowed on condition of paying cost of Rs.10,000/- to the respondent and also deposit of Rs.60,000/- out of the decreetal amount. The appellant was ready to pay the cost but was unable to raise the amount of Rs.60,000/- for deposit as part of the decree debt. So aggrieved by the impugned order, this original petition has been filed.