IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 11TH JANUARY 2011 / 21ST POUSHA 1932 OP (FC).No. 93 of 2011(R) ------------------------- PETITIONER ------------- TESSY GEORGE, AGED W/O.GEORGE, KALAMBUKATTUKALAYIL, THALAYOLAPARAMBU.P.O., VAIKOM. BY ADV. SRI.K.P.SREEKUMAR RESPONDENT(S): --------------- 1. JOICE, D/O.JOHN, KOTTARATHIL HOUSE, PALLIPPURATHUSSERY.P.O., VAIKOM, REPRESENTED BY HER POWER OF ATTORNEY HOLDER JOHN, KOTTARATHIL HOUSE, PALLIPPURATHUSSERY.P.O., VAIKOM.686006 2. GEORGE, KALAMBUKATTUKALAYIL, THALAYOLAPARAMBU.P.O., VAIKOM.686605 3. GIMMY, S/O.GEORGE, KALAMBUKATTUKALAYIL, THALAYOLAPARAMBU.P.O., VAIKOM.686605 ADV.SRI.A.K.HARIDAS THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 11/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * O.P.(F.C).No.93 of 2011 ---------------------------------------- Dated this the 11th day of January 2011 J U D G M E N T K.M.JOSEPH,J The petitioner has approached this Court seeking the following reliefs: i) Issue an order or direction directing the Family Court, Kottayam to comply with the Copy Application No.A 23/2011 dated 04/01/2011 if it is in order; ii) Issue an order or direction directing the Family Court, Kottayam to hear and dispose of the application to set aside the ex-parte decree dated 30/03/2010 as expeditiously as possible at any rate within 2 weeks; iii) Issue a direction to the Family Court, Kottayam to release the 2nd respondent on executing necessary bond or furnishing security for the decree amount to the satisfaction of the Family Court, Kottayam. 2. Briefly put, the case of the petitioner is as follows: 3. The petitioner is the wife of the 2nd respondent and the mother of the 3rd respondent. The 1st respondent is the O.P.(F.C)No.93 of 2011 2 daughter-in-law of the petitioner. The 1st respondent initiated proceedings before the Family Court, Ettumanoor for monetary claims including value of gold ornaments. It was decreed ex parte vide Ext.P1. The petitioner and respondents 2 and 3 filed Ext.P2 application to set aside the ex parte decree and Ext.P3 application to condone the delay. Ext.P4 is an application to advance the applications Exts.P2 and P3. Ext.P5 is an application filed to keep in abeyance the proceedings pursuant to the ex parte decree pending disposal of Exts.P2 and P3. 4. We have heard Adv. Sri.K.P.Sreekumar, the learned counsel for the petitioner and Adv.Sri.A.K.Haridas, the learned counsel for the 1st respondent. In the nature of the case, we do not propose to issue notice to respondents 2 and 3. The complaint of the petitioner inter alia is that Ext.P1 decree was put into execution and the 2nd respondent has been arrested on 04/01/2011. The petitioner has applied for getting the copy of the order of arrest as per Copy Application No.A 23/11 dated 04/01/2011; but the same has not been supplied by the court below. O.P.(F.C)No.93 of 2011 3 5. The learned counsel for the petitioner would draw our attention to Order 40 Proviso (ii) and he would contend that the court should not have ordered detention of the 2nd respondent. The learned counsel for the 1st respondent would point out that notice has been served on the petitioner and respondents 2 and 3 and thereafter they did not turn up. 6. After hearing the parties, we feel that the petitioner is entitled to the reliefs sought as prayer Nos.1 and 2. Accordingly, we direct the Family Court, Kottayam to comply with copy application No.A 23/11 dated 04/01/2011 within a period of two days from the date of production of a copy of this judgment. We further direct the Family Court to hear and dispose of Ext.P3 application to condone the delay and if the delay is condoned to take a decision on Ext.P2 within a period of three weeks from the date of production of a copy of this judgment. As far as prayer No.3 is concerned, we will leave it open. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge O.P.(F.C)No.93 of 2011 4 O.P.(F.C)No.93 of 2011 5 O.P.(F.C)No.93 of 2011 6 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010