AMIRTHAKANI Vs. SELVARAJ

JUDGEMENT

(1.) The Petitioner has filed the above civil revision petition to set aside the order passed in I.A. No. 33 of 2010 in H.M.O.P. No. 53 of 2010 dated 23.09.2010 on the file of the Subordinate Court, valliyoor.

(2.) The nutshell facts of the case are as follows:

(3.) The learned Counsel for the Petitioner submitted that the Petitioner was set ex-parte on 04.01.2010. Against the ex-parte order, set aside application was filed within time. The non-appearance of the Petitioner was suffering from "Chicken gunia" which is a very virulent disease. As such, she is unable to move from her place. The valid reason given by the Petitioner was not accepted by the learned Judge, who dismissed the set aside application. The case is purely a family dispute between the husband and the wife. Therefore, the above said petition shall be disposed on merits, since marital life is involved in this case.