IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 13TH MARCH 2008 / 23RD PHALGUNA 1929 Mat.Appeal.No. 143 of 2006() ---------------------------- OS.533/2004 of FAMILY COURT,KOLLAM .................... APPELLANT/PLAINTIFF: ------------------- SHEEBA, D/O. SREEDHARAN, CHAITHANNYA, T.C.NO.3/2402, PATTOM, MARAPPALAM, THIRUVANANTHAPURAM. BY ADV. SRI.C.RAJENDRAN RESPONDENTS/ DEFENDANTS: ------------------------ 1. MANU, S/O. CHANDRASENAN, CHANDRABHAVAN, MEENAMBALAM, POOTHAKKULAM P.O., PARAVOOR. 2. CHANDRASENAN, S/O. LATE KESAVAN, CHANDRABHAVAN, MEENAMBALAM, POOTHAKKULAM P.O., PARAVOOR. BY ADV. SRI.K.SUBASH CHANDRA BOSE THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 13/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- Mat. Appeal.No. 143 OF 2006 ----------------------------------------- Dated this the 13th day of March, 2008. J U D G M E N T Kurian Joseph, J. The plaintiff in O.S.No.533/2004 on the file of the Family Court, Kollam is the appellant. She filed a suit for recovery of money and gold ornaments from the respondent, husband and his father. It is seen from the judgment that the suit was dismissed on the ground that the plaintiff did not adduce evidence. Learned counsel for the appellant submits that she could not go to the Family Court premises for fear of threat to life and also threat to life of the witnesses. Learned counsel for the respondents submits that there is absolutely no basis for such allegation. It is also submitted that there is no matrimonial dispute since the husband and wife are living together. Be that as it may, after having heard the counsel on both sides, we are of the view that an opportunity is to be given to the appellant to adduce evidence in the case. In case the appellant submits a petition before the Family Court for any police assistance, necessary action in that case shall also be taken by the Family Mat.Appeal.No.143/2006 2 Court. We set aside the judgment and decree in appeal and remit the matter before the Family Court, Kollam with a direction to dispose of the suit, expeditiously, at any rate, within a period of six months from the date of receipt of a copy of this judgment. The matrimonial appeal is disposed of as above. KURIAN JOSEPH, JUDGE HARUN-UL-RASHID, JUDGE ps