MURALEEDHARAN V.N. Vs. SINDHU P.K.

JUDGEMENT

(1.) The appellant is the husband and the 1 st respondent is the wife. The 2nd respondent is the minor child of the appellant and the 1st respondent. The 3rd respondent is the mother of the appellant.

(2.) Respondents 1 and 2 had filed O.P.No.180/2014 in the Family Court, Malappuram for granting a decree for realization of past maintenance due to them from the appellant. The first respondent had also sought a decree for return of gold ornaments allegedly entrusted by her to the husband. The appellant and the 3rd respondent were set ex-parte in the aforesaid case on 29.11.2015. Thereafter, an ex-parte decree was passed against them on 01.02.2016.

(3.) The appellant filed an application as I.A.No.1633/2016 for setting aside the ex-parte decree passed against him. He also filed an application as I.A.No.1632/2016 for condoning the delay of 330 days in filing the application for setting aside the ex-parte decree. As per the impugned order dated 06.01.2017, the Family Court allowed both the applications on the condition that the appellant shall deposit the entire past maintenance allowance ordered in O.P. No.180/2014 within a period of 30 days and that he shall pay costs of Rs.2,500/- to the wife.