IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 Mat.Appeal.No. 29 of 2008() --------------------------- OP.1092/2003 of FAMILY COURT,THRISSUR .................... PETITIONER(S): PETITIONER: -------------------------- BHANUMATHY, AGED 59 YEARS, W/O.MANAYIL JANARDHANAN, KUTTOOR VILLAGE, POTTOR DESOM, THRISSUR TALUK. BY ADV. SRI.JIJO PAUL RESPONDENT(S): RESPONDENT: -------------------------- JANARDHANAN, AGED 68 YEARS, S/O.MANAYIL KELU, KUTTOOR VILLAGE, POTTOR DESOM, THRISSUR TALUK. ADV. SRI.C.HARIKUMAR FOR R1 SRI.ARAVINDA KUMAR BABU T.K. FOR R1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 13/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R.Raman & T.R. Ramachandran Nair, JJ. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ MAT.Appeal No.29/2008-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 13th day of October, 2008. J U D G M E N T Raman, J. This appeal is filed against an order in O.P.No.1092/2003 dated 22/11/2007, passed by the Family Court, Thiruvananthapuram filed by the appellant/petitioner. The petition is one for maintenance and return of gold ornaments. The petition was once dismissed for default and restored to file. Second time, when the matter was taken up, the appellant/petitioner was not present. The petition was dismissed, against which the present appeal is filed. 2. The learned counsel appearing for the appellant however contended that on the day on which the case was dismissed, the appellant/petitioner could not be present, so however, a request was made for adjourning the case. This ground is taken in paragraph (5) of the Appeal Memorandum but there is no evidence to support this claim. However, this is a case for maintenance and return of gold ornaments and the matter was MAT.Appeal No.29/2008 -:2:- dismissed for lack of bona fides. We think in the larger interest of justice, an opportunity can be given, however on terms, so that there will be a decision on merits. Accordingly, we allow this writ petition . We set aside the order passed by the court below in O.P.No.1092/2003 and restore the case to file on condition that an amount of Rs.5000/- be paid by the petitioner to the respondent through counsel within a period of three weeks. Issue copy of this order on payment of cost. (P.R. Raman, Judge.) (T.R. Ramachandran Nair, Judge.) ms