IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 11TH NOVEMBER 2010 / 20TH KARTHIKA 1932 Mat.Appeal.No. 380 of 2010() ---------------------------- I.A.NOS.1447/09 AND 1448/09 AND 1449/09 IN OP.708/2008 of FAMILY COURT, MALAPPURAM .................... PETITIONER(S): --------------- VASANTHKUMAR, S/O.BALACHANDRAN NAIR, VIVA VILLA, PLOT NO.6, B.BLOCK BHASKAR RAO NAGAR SAINIK PURI, SECUNDRABAD ANDHRAPRADESH, RP.BY POWER OF ATTORNEY HOLDER E.RAVEENDRANATHAN, S/O.BALAKRISHNAN (LATE) RESIDING AT ERUPPATHODI HOUSE, PALAPPURAM P.O., OTTAPALAM, PALAKKAD. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT(S): --------------- JAYANTHI KANAKADEVI, D/O.GANGADHARAN NAIR PAYYERI, VALLIKUNNU, THIRURANGADI TALUK, MALAPPURAM DISTRICT. ADV. SRI.BABU S. NAIR THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 11/11/2010, ALONG WITH MA NO. 381 OF 2010 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT & K. SURENDRA MOHAN, JJ. --------------------------------------------------- C.M.Appl. Nos.1069 & 1070/10 & Mat. Appeal Nos.380 & 381 of 2010 -------------------------------------------------- Dated this the 11th day of November, 2010 ORDER/JUDGMENT Basant,J. These petitions are for condonation of delay in filing two Mat. Appeals. We have heard both counsel. The appeals are directed against orders passed by the Family Court dismissing applications to set aside the ex parte orders in two O.Ps. In the O.Ps. past maintenance as also restitution of conjugal rights were claimed. Such prayers were allowed as per the ex parte orders passed. 2. We have heard both counsel. The common appellant has already deposited an amount of Rs.1,18,000/-. After hearing both sides, we are satisfied that a lenient view can be taken; the delay in filing the appeals can be condoned and the appeals can themselves be allowed subject to appropriate terms and Mat. Appeal Nos.380 & 381 of 2010 -: 2 :- conditions. 3. In the result: (a) The applications for condonation of delay are allowed and the appeals are admitted. (b) The appeals are allowed subject to conditions. (c) Both appeals shall stand allowed, the impugned orders and the ex parte orders shall stand set aside and the court below shall dispose of O.P.Nos.185/08 and 708/08 afresh on merits on the following terms: (i) The amount of Rs.1,18,000/- deposited by the appellant before the lower court shall forthwith be released to the respondent/claimant/wife. (ii) The appellant shall deposit before the court below the entire balance amount due under the decree for past maintenance in O.P.No.708/08 within a period of 60 days from this date. If the amount is deposited, the court below shall retain the same in a Fixed Deposit account with any nationalised bank such that the principal amount along with interest accrued can be released to the successful party after fresh disposal of O.P.No.708/08. (iii) The parties shall appear before the court below on 13/1/2011. Mat. Appeal Nos.380 & 381 of 2010 -: 3 :- (iv) If the above conditions are satisfied, the court below shall proceed to dispose of O.P.No.185/08 and O.P.No.708/08 afresh in accordance with law. The court below shall dispose of the matter as expeditiously thereafter as possible - at any rate, within a period of 4 months from 13/1/11. If the conditions are not complied with, the court below shall record that fact on 13/1/11 and thereupon the impugned orders shall revive. R. BASANT (Judge) K. SURENDRA MOHAN (Judge) Nan/