RADHA AND ANR. Vs. ARAVINDAKSHAN

JUDGEMENT

(1.) This revision is a continuation of the fight of a wife for having maintenance from her husband. The marriage was in 1966. A son was born to them. The husband set for better fortunes in Saudhi Arabia in 1977. Soon thereafter (as is seen in quite a few cases where the husbands become prominently prosperous by their overseas earnings), the matrimonial home happened to be wrecked. A divorce was obtained by the husband from the Bombay Court in 1980. The wife and the child sought maintenance by instituting a suit, in Ernakulam in 1981. The members of the husband's family were also parties to the suit. (This is understandable in the background of a prayer of attachment of the rights of the husband in his family property). That interlocutory proceedings was indeed stongly contested by the members of the Tarwad. Even thereafter, a nephew of the husband launched another litigation for somewhat similar reliefs.

(2.) The husband could not be served as he was outside Kerala. Substituted service was sought for and allowed by the Court. A publication about the suit was affected in a newspaper "Kerala Times", on 6.1.1983. The suit was fixed for hearing initially on 25.1.1983, but was adjourned to 9.2.83. On that day the husband was declared ex-parte. The suit was decreed against him on 26.2.1983.

(3.) I.A. 4934 of 1984, was filed by the husband on 19.11.84 with a prayer for setting aside the ex-parte decree. The contention as put forward therein was that after he had left India in 1979, he had come to know of the decree and proceedings connected therewith only on 21.10.1984 after his return home on 19.10.1984.