SUJITHRA Vs. ANISHKUMAR

JUDGEMENT

(1.) The appellant who was the respondent in O.P.No.329/2024 on the files of Family Court, North Paravur, has filed this Mat.Appeal challenging the orders of the Family Court, North Paravur, dismissing I.A.No.1/2025 and I.A.No.16/2025 in O.P.No.329/2024.

(2.) O.P.No.329/2024 was filed by the husband/respondent herein seeking a decree of divorce. In the proceedings before the Family Court, the appellant/wife was set ex parte. Vide order dtd. 10/09/2024, the Family Court, N.Paravur granted an ex parte decree of divorce. On coming to know of the decree, the appellant filed an application for setting aside the ex parte decree along with an application for condoning the delay of 160 days in filing the application for setting aside the ex parte decree. The reason for delay as raised by the appellant was that the registered notice from the Family Court was not served on the appellant.

(3.) Vide order dtd. 04/08/2025, the Family Court, N.Paravur, allowed the application on payment of cost of 3,000/- to the respondent. Aggrieved thereby, the respondent herein filed an appeal before this Court as Mat.Appeal No.816 of 2025. This Court, after considering the rival contentions, set aside the order passed by the Family Court and directed the Family Court to reconsider the matter on merits after granting an opportunity to the parties for leading evidence as the matter involved disputed questions of facts. On remand, the trial court permitted both parties to let in evidence and based on the evidence on record, dismissed the petitions filed by the appellant. Aggrieved thereby, this Mat.Appeal is preferred.