LAWS(KER)-2025-4-115

MICHAEL K. A. Vs. ANUMOL VARGHESE

Decided On April 11, 2025
Michael K. A. Appellant
V/S
Anumol Varghese Respondents

JUDGEMENT

(1.) In this appeal, the appellants challenge Annexure A16 order of the learned Family Court, Ernakulam, in E.P.No.22/2019 in

(2.) The impugned order was necessitated because, the appellants claim that they have no means to satisfy the decree in O.P.No.953/2015; and the learned Family Court found that such a plea is not maintainable when it has already been found that he was entrusted the gold ornaments and the money that has been sought by the 1st respondent - wife. The appellants challenge this order on the ground that the decree in question is an ex parte one and that they have already moved an application to have it set aside.

(3.) Before we continue to consider this matter, we must record that the summons issued by this Court to the 2 nd respondent has not returned. However, in view of the opinion that we will indite presently, we are of the view that we will be justified in disposing of this appeal even without him entering appearance, since it will cause him no prejudice.