NASEER Vs. SHAMEERA

JUDGEMENT

(1.) The above Matrimonial Appeal is filed against a common order passed by the Family Court, Thrissur in I.A.Nos.5279/2015 and 5280/2015 in O.P. No.976/2012, dated 3rd March, 2017. By virtue of the order impugned, the court below had dismissed the applications filed by the appellants seeking to set aside an exparte decree passed against them, after condoning the delay occurred in filing the said application.

(2.) Facts of the case in brief are that; the respondents herein, who are the wife and minor children of the 1 st appellant, filed O.P. No.976/2012 before the Family Court, Thrissur seeking for return of gold ornaments, money, past and future maintenance for respondents 1 to 3, and compensation. The appellants remained exparte in the original petition and the Family Court had decreed the case as follows:

(3.) The appellants filed I.A. No.5280/2015[mistakenly noted the year as 2016 in the impugned order] to set aside the above said exparte decree, accompanied with I.A.No.5279/2015[mistakenly noted the year as 2016 in the impugned order] seeking condonation of the delay of 590 days occurred in filing the said application. One of the reasons stated in those applications is that, the appellants 2 and 3 herein are aged persons who were laid up and therefore the appellants could not file the written statement in the original petition when the case was posted on 12.12.2014. Further statement is that, the 1st appellant was confined in prison from 14.06.2015 onwards for the non-payment of the amount of maintenance ordered in M.C. No.102/2012 and therefore he could not take appropriate steps to file the written statement when the case was posted for the same. According to the appellants, they have got very valid contentions in the original petition, which they could not agitate before the court.