SAM MADHAVAN BYSHIE MADHAVAM Vs. JALAJA HARSHAPPAN

JUDGEMENT

(1.) This appeal is filed challenging the order dated 29.11.2016 in I.A.No.3109 of 2015 in O.P.No.502 of 2013 by which the application to set aside the exparte decree had been dismissed by the Family Court, Thiruvananthapuram.

(2.) The main contention urged by the appellant is that he was employed at UK and a settlement was arrived at between the parties. He proceeded on the basis that the settlement has worked out, but since nothing happened in the matter, an exparte decree came to be passed. An application was filed to set aside the exparte decree within time. The Family Court, however, dismissed the application stating that earlier an application which was filed as I.A.No.3060 of 2015 for setting aside the exparte order was dismissed as not pressed and therefore, on the very same reasons the decree cannot be set aside.

(3.) Learned counsel appearing for the appellant submits that in so far as the decree is for a substantially huge amount he had valid contentions in the case and a written statement was filed along with the application to set aside the exparte decree. It is argued that merely for the reason that the application to set aside the exparte order was dismissed as withdrawn, the Family Court ought to have considered the application to set aside the exparte decree on merits. The earlier application was withdrawn since the decree was already passed by the Family Court.