VIVEK JOY Vs. CHINCHU GRACE LUKOSE

JUDGEMENT

(1.) Is an order passed by the Family Court setting aside an ex parte decree appealable under Section 19 of the Family Courts Act, 1984 (hereinafter referred to as 'the Act') is the question mooted for decision.

(2.) The facts of the case are as follows: The petitioner is the husband of the respondent. He filed O.P.No.1582/2014 in the Family Court, Ernakulam for granting a decree of declaration that his marriage with the respondent is null and void. As an alternative relief, he sought a decree of divorce. The respondent was set ex parte in the case. As per the judgment dated 105.2017, the Family Court passed a decree of divorce in favour of the petitioner. Thereafter the respondent filed an application to set aside the ex parte decree passed against her. As per the order dated 05.03.2018 in I.A.No.2039/2017, the Family Court set aside the ex parte decree and restored O.P.No.1582/2014 to file. The petitioner has approached this court under Article 227 of the Constitution of India challenging the aforesaid order passed by the Family Court.

(3.) The Registry has declined to number this Original Petition filed under Article 227 of the Constitution of India on the ground that the impugned order passed by the Family Court is an appealable order.