SURESH KUMAR AND ORS. Vs. INDU

JUDGEMENT

(1.) The respondents in OP. No. 1027/2013 on the files of the Family Court, Mavelikkara are the appellants herein. The respondent herein is the petitioner before the court below. The case was instituted seeking for recovery of gold ornaments and for realisation of money and also seeking dissolution of the marriage existing between the 1st appellant and the respondent. Appellants 2 to 4 are the parents and sister of the 1st appellant. The case was decreed ex -parte by the Family Court on 16.12.2013, declaring the marriage as dissolved and allowing the respondent herein to realise gold ornaments worth 326.710 grams or its value for an amount of Rs. 8,73,949/ - and for return of Rs. 2,50,000/ - along with interest at 6% and also directing return movables scheduled as item No. 2 in the petition or in lieu of that for payment of its value at Rs. 15,136/ -.

(2.) The appellants filed IA. No. 1228/2014 seeking to set aside the ex -parte decree along with IA. No. 1227/2014 seeking for condonation of delay of 180 days in filing the said petition. It was contended that, the case was initially instituted before the Family Court, Alappuzha and it was transferred to the Family Court, Mavelikkara after establishment of that court. It is averred in the interim applications that the appellants were not having any knowledge about the transfer of the case and that they have not received any notice from the court to which the case was transferred. According to the appellants, when they made enquiries at Family court, Alappuzha they came to know that the case was transferred to the Family court, Mavelikkara. But since no notice was received from the Family court, Mavelikkara, they made enquiries and it was revealed that the case was decreed ex -parte on 16.12.13. According to the appellants, they came to know about the ex -parte decree only on 6.6.2014. Therefore it is prayed that the ex -parte decree may be set aside after condoning the delay in filing the application.

(3.) The interim applications for setting aside the ex -parte decree and for condonation of delay were opposed by the respondent through objections filed contending that there was a mediation settlement arrived during pendency of the matter before the Family Court at Alappuzha and the parties have signed a compromise on 11.3.2014. Thereafter the case was posted on several occasions for complying the terms of the compromise and the appellants have not turned up. While so the case was transferred to the Family court at Mavelikkara, and inspite of several adjournments the appellants have not appeared. Therefore it is contended that, there is no sufficient grounds to set aside the ex -parte order. After evaluating the rival contentions, the Family Court took notice of the compromise alleged to have been arrived at before the Family court at Alappuzha. It was observed that the appellants were set ex -parte when the case was pending before the Family court at Alappuzha and the case was transferred only thereafter. The ex -parte decree was passed on 16.12.2013, when the appellants were not turned up, finding that despite arriving at a compromise the appellants failed to appear before the Family Court, Alappuzha and that the Family Court, Alappuzha had declared them ex -parte. It is found that there is no reason to condone the delay or to set aside the ex -parte decree. It is aggrieved by the dismissal of the interim applications, this appeal is filed.