VIPIN VIJAYAN Vs. VIMITHA VELAYUDHAN

JUDGEMENT

(1.) The bone of contention - in a manner of speaking - in this case is whether a Family Court can declare the litigant before it ex parte, if he/she refuses to appear before it in response to a notice issued by it under the provisions of Rule 4A of the Family Court (Kerala) Rules, 1989 ('Rules' for short), which authorises it to refer the parties to mediation.

(2.) As per Rule 4A(2) of the Rules, every Family Court is enjoined, before issuing summons to the respondents, to scrutinize the petition/application; and then, if it is of the opinion that there is scope for settlement, it may issue notice in Form 8 - but without annexing to it the Original Petition/Application to both sides to appear in person on a date to be fixed in that regard, to consider whether they can be referred for mediation.

(3.) The genesis of the controversy in this case is that the appellant herein did not appear consequent to the notice issued to him under the afore provision; and apparently, solely for that reason, he was set ex parte by the learned Family Court, subsequently leading the Original Petition to be allowed.