THOMAS KOSHY Vs. SUSAMMA THOMAS

JUDGEMENT

(1.) The appellant filed O.P.(Div)No.218 of 2017 before the Family Court, Pathanamthitta, against the respondent herein -wife, under Sec. 10(1)(x) of the Indian Divorce Act, 1869, seeking a decree of divorce on the ground of cruelty. On 14/11/2018, the Family Court passed an ex parte decree of divorce in that original petition. The respondent-wife filed I.A.No.1 of 2021 to set aside that ex parte decree, which was renumbered as R.P.No.12 of 2021. That petition was supported by I.A.No.2 of 2021 filed for condonation of delay of 814 days. By the order dtd. 21/7/2022, the Family Court allowed I.A.No.2 of 2021, on payment of a cost of Rs.2,000.00 to the District Legal Services Authority, within two weeks. The cost was paid and accordingly, I.A.No.2 of 2021 was allowed by the order dtd. 17/8/2022. Thereafter, by another order dtd. 17/8/2022 the Family Court allowed R.P.No.12 of 2021, on the ground that I.A.No.2 of 2021 is allowed. The appellant filed this appeal, invoking the provisions under Sec. 19(1) of the Family Courts Act, 1984, seeking an order to set aside the orders dtd. 21/7/2022 and 17/8/2022 in I.A.No.2 of 2021 and also the order dtd. 17/8/2022 in R.P.No.12 of 2021 in O.P.(Div)No.218 of 2017.

(2.) On 16/11/2022, when this appeal came up for admission, this Court issued notice to the respondent.

(3.) On 24/11/2022, in I.A.No.1 of 2022, this Court granted an order of stay of all further proceedings in O.P.(Div)No.218 of 2017 on the file of Family Court, Pathanamthitta, for a period of one month. The said interim order, which was extended from time to time, is still in force.