LAWS(KER)-2018-10-25

KUTTIHASSAN Vs. SHAMEERA

Decided On October 10, 2018
Kuttihassan Appellant
V/S
Shameera Respondents

JUDGEMENT

(1.) The appellants are the father and mother of the respondent, who is the husband of the 1 st respondent. The 2nd respondent and the 3rd respondent are the children of the 1 st and 4th respondents.

(2.) Respondents 1 to 3 filed O.P No. 1157/2010 in the Family .

(3.) in O.P No.1157/2010 and an ex-parte decree was passed against . them on 03-04-2014. Thereafter, they filed an application as I.A. No.592/2014 for setting aside the ex-parte decree passed against them. The aforesaid application was dismissed for default on 18-12-2014. Thereafter, the appellants filed an application as I.A. No.1266/2017 for setting aside the ex-parte decree passed against them. They also filed another application as I.A. No.1267/2017 to condone the delay of 1291 days in filing the application for setting aside the ex-parte decree. As per the impugned order dated 03-07-2017, the Family Court dismissed the aforesaid applications finding that there was gross negligence and inaction on the part of the appellants. The aforesaid order is challenged in this appeal.