P K VIJAYAN Vs. BIJU M S

JUDGEMENT

(1.) THE appellant was the respondent before the Family Court in o. P. No. 877/2007. That application was filed by the respondent herein, the wife of the appellant for a decree for dissolution of marriage on the ground of cruelty and desertion. In that petition, the appellant was set ex parte. Thereupon, ex parte evidence was adduced. The wife/respondent herein was examined and Ext. A1 was marked.

(2.) THE appellant challenges the ex parte decree. Called upon to explain whether the appellant has exercised his right to move the Family Court to get the ex parte order set aside, the learned counsel for the appellant submits that the appellant has not done the same. After discussions at the Bar, it is agreed that this petition for condonation of delay and this Mat. Appeal can now be dismissed without any fetter on the right of the appellant to move the Family Court to get the ex parte order set aside. That request is accepted.

(3.) IN the result, this petition and the Mat Appeal are dismissed as withdrawn without any fetter on the right of the appellant to move the Family court to get the ex parte order set aside - subject, of course, to the law of limitation.