ABDUL JALEEL @ JALEEL Vs. SYMAYYA @ SONIYA

JUDGEMENT

(1.) UNDER challenge in this appeal preferred by the husband of the respondent is the order passed by the Family Court, Kottarakkara dismissing the application to set aside an exparte decree passed against the appellant as well as the separate application seeking condonation of delay of 590 days in filing the petition to set aside the exparte decree. The ground on which the appellant sought to get the decree set aside was that when the litigation started and was continuing in the Family Court Kottarakkara, he was abroad in Qatar. The learned Family Court under the impugned order found that the appellant did not produce any document or at least his passport for substantiating his stand that he was in Qatar during the relevant periods. The learned Judge has also observed that nothing prevented the appellant from executing a power of attorney in favour of somebody in whom he was enough confidence for defending the petition filed by the respondent. In this Court the appellant has filed I.A.No.2713 of 2012 seeking acceptance of Annexure A3. Annexure A3 is the photocopy of the passport of the appellant and Annexure A3 gives support to the claim of the appellant that during the relevant periods he was not in India and was in Qatar.

(2.) SRI . T.R. Rajan, learned counsel for the appellant requested that he relies on Annexure A3 and requested to set aside the impugned order and allow the petition for setting aside the exparte decree and also the petition for condonation of delay.

(3.) MR .Sivadasan further submitted that if for any reason this Court is inclined to interfere with the impugned order the same shall be on proper terms. In this regard Mr.Sivadasan, pointed out that under the impugned decree a total amount of Rs.7,50,000.00 is due as on today and that the liability of maintenance payable will come to more than Rs.1 lakh. Sri.Rajan, in reply, submitted that a sum of Rs.75,000.00 is deposited in the Family Court, Kollam in execution proceedings.