FRANCIS S/O KULANGARAVEETTIL VAREED Vs. LUCY D/O MANGAN OUSEPH LONAKUTTY VATANAPPALLY VILLAGE AND DSESOM

JUDGEMENT

(1.) THIS appeal is filed by the petitioner in I.A.Nos.3789 of 2011 and 3790 of 2011 in O.P.No.1168 of 2007 on the file of the Family Court, Thrissur. The respondent herein was the respondent in those I.As.

(2.) THE facts of the case are briefly as follows : O.P.No.1168 of 2007 on the file of the Family Court, Thrissur was filed by the petitioner/wife against the respondent/husband for return of gold ornaments, household articles and for past and future maintenance. In that Original Petition, the respondent/husband remained ex parte. The petitioner/wife filed proof affidavit and the Family Court on the basis of that proof affidavit, allowed that Original Petition and the respondent/husband was directed to pay a total sum of Rs.2,49,000/- to the petitioner as value of gold ornaments, household articles and the cash received by him, within three months from the date of that order, failing which the respondent was directed to pay interest at 6% per annum from the date of the order till realization. The respondent was further directed to pay maintenance at the rate of Rs.1,500/- per month from 27.3.2005 onwards till the date of the order and Rs.2,000/- per month from the date of the order.

(3.) THE learned counsel for the appellant submitted that due to the death of the mother of the appellant, the appellant had been dull throughout and it was, therefore, he could not participate in the Family Court proceedings and he could not file a petition to set aside the ex parte order in time. The learned counsel further submitted that the appellant could not file the petition to set aside the ex parte order in time as he had to look after his younger brother, who was mentally sick. It was further submitted that the appellant could not engage a lawyer in time to file a petition to set aside ex parte order due to financial difficulties.