K.AJAYAKUMAR Vs. MINI

JUDGEMENT

(1.) THIS appeal is filed against the order passed by the Family Court, Kottarakkara in O.S.No.617 of 2005.

(2.) RESPONDENTS , the wife and child of the first appellant filed O.S.No.498 of 2004 before the Family Court, Kollam. Subsequently, the case was transferred to Family Court, Kottarakkara which renumbered it as O.S.No.617 of 2005. In the suit respondents claimed recovery of Rs.3,30,000/ - allegedly paid at the time of marriage to the first appellant, return of 477 gms of gold ornaments of the first respondent wife and 44 gms of gold of the second respondent child. They also sought recovery of Rs.12,995/ - towards the value of movable items and maintenance @ Rs.1,000/ - each to both the plaintiffs, apart from past maintenance from 26.4.2004.

(3.) ACCORDINGLY , the parties appeared before the Family Court and the Family Court appointed an Advocate Commissioner for recording the evidence of both sides. On 30.4.2012 the case was posted for evidence. On that day the appellants and their counsel remained absent. Accordingly, a report was made before the Family Court and on 3.5.2012, considering the materials available before it, the Family Court set the appellants ex parte and decreed the suit. In the suit, the Family Court has also recorded the submission of the first appellant that since she has remarried, she is not pressing her claim for maintenance. It is aggrieved by this ex parte decree, the appeal is filed.