ROY VIJAYAN Vs. LAKSHMI KARTHIKEYAN

JUDGEMENT

(1.) THE parties in these appeals are the same and the Family Court disposed of two Original Petitions by a common judgment against which the Mat. Appeals are filed.

(2.) O.P.No.65 of 2009 on the file of the Family Court, Ernakulam was filed by the respondent/wife against the appellant for divorce on the ground of cruelty. The appellant/husband filed O.P.No.1955 of 2009 against the respondent for restitution of conjugal rights. Both the Original Petitions were jointly tried and the court below passed a common judgment dated 22.8.2011, by which O.P.No.65 of 2009 was allowed and O.P.No.1955 of 2009 was dismissed.

(3.) THE cases were taken up before Court on 12.8.2011. It is submitted by the learned counsel for the appellant that the senior of the counsel for the appellant passed away and a request was made for adjournment. The Court adjourned the case to 16.8.2011. On that day, the appellant/husband and his counsel were absent. The respondent and her counsel were present. The Family Court set the appellant ex parte and disposed of the Original Petitions in the manner indicated above.