ABDUL SALAM, S/O ABDURAHIMAN, AGED 50 YEARS, KADAKKOTTIRI VEEDU, KUMMINIPARAMBU, KONDOTTY Vs. CHALIL SAJITHA, D/O AHAMMEDKUTTY, AGED 35 YEARS, THAZHATHETHODUVIL HOUSE, PULIYAPARAMBU P.O, KONDOTTY 673 638

JUDGEMENT

(1.) This original petition is filed challenging the common order dated 05/08/2016 in I.A.Nos.979/15 and 979(A)/2015 in O.P.No.403/2004 of the Family Court, Malappuram, by which the ex parte decree was set aside after condoning delay of 3690 days. The petitioner in O.P.No.403/2004 of the Family Court, who is the respondent in the applications is the petitioner herein. The parties are referred to as shown in the present original petition.

(2.) O.P.No.403/2004 was filed by the petitioner for a declaration that the marriage between the petitioner and the 1st respondent is null and void. He also sought for a declaration that he was not the father of the child Fathima Noora, who is the 2nd respondent herein. An ex parte decree came to be passed on 13/05/2005, since the respondents having filed their objection did not appear thereafter.

(3.) Later, applications were filed to set aside the ex parte decree and condone the delay of 10 years and 45 days. The Family Court allowed the applications, which are impugned in the original petition.