VINEETHA. K , D/O KAITHAKKATTUVEETTIL K VIJAYAKUMAR Vs. VIMAL KUMAR , S/O MATTATHIL PARAMBIL VEETTIL VENUGOPALAN

JUDGEMENT

(1.) This appeal is filed by the petitioner in O.P.No.1726/2015 challenging the order dated 06/12/2016 in I.A.No.3776/2016 and I.A.No.3775/2016 by which the application to set aside the ex parte decree along with the application to condone the delay was allowed by the Family Court, Thrissur.

(2.) The original petition was filed by the appellant herein seeking for a decree of divorce on the ground of cruelty. Respondent remained ex parte. On the basis of the affidavit filed as evidence, the Family Court granted a decree in favour of the appellant. Thereafter, an application came to be filed by the respondent to set aside the ex parte decree through a power of attorney holder along with the application to condone the delay of 157 days in filing the application. The Family Court, after considering the same, allowed the application.

(3.) The learned counsel for the appellant submits that sufficient reasons have not been shown to set aside the ex parte decree and there is no reason to condone the delay as well. After the period specified for preferring an appeal, the appellant also got re-married and therefore if the ex parte decree is set aside, the appellant will be put to serious hardship.