IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932 Mat.Appeal.No. 11 of 2010(B) --------------------------- OP.61/2009 of FAMILY COURT, NEDUMANGAD .................... APPELLANT/RESPONDENT ----------------------------------- SABUDEEN, S/O. ABDUL SAMAD, RESIDING AT SHAHEENA MANZIL, KUNNUMUKAL, VELLUMANNADY.P.O., PULLAMPARA VILLAGE, NEDUMANGADU TALUK, TVM. DIST.REP. BY HIS POWER OF ATTORNEY HOLDER ABDUL SAMAD,S/O.ABRAHIM KUNJU,RES: SHAHEENA MANZIL, PULAMBARA VILLAGE,VENNUMANNADI. BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU SRI.B.PREMNATH (E) RESPONDENT : PETITIONER ------------------------- SHANIFA BEEVI, D/O. ABDUL KHARIM, RESIDING AT VAHASERI CHARUVILA PUTHEN VEEDU,'KOCHA LUMMOODU, KANCHINADA.P.O.,PANGODU VILLAGE, NEDUMANGADU TALUK, THIRUVANANTHAPURAM DIST. THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 19/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ********************** Mat.Appeal No.11 of 2010 ********************* Dated this the 19th day of May, 2010 JUDGMENT This Appeal is directed against an exparte decree for divorce granted in favour of the respondent herein. The appellant is the husband of the respondent/wife. The exparte order is challenged in this Appeal. The decree for divorce is granted under Section 2(viii) of the Dissolution of Muslim Marriages Act. 2. We had called upon the learned counsel to explain why an appeal is filed against the impugned exparte decree for divorce. The only ground for challenge is that the appellant is being wrongly set exparte. If that be so, we must assume that the proper course for the appellant is to request the Family Court to get the exparte order set aside. 3. The learned counsel for the appellant after taking time submits today that this Appeal can now be dismissed as withdrawn without any fetter on the right of the appellant to move the court below to get the exparte order set aside in accordance with law. Mat.Appeal No.11 of 2010 2 4. We accept the submission of the learned counsel for the appellant. This Matrimonial Appeal is, in these circumstances, dismissed. We make it clear that the dismissal of this Mat.Appeal will not in any way fetter the right of the appellant to move the court below to get the exparte order set aside. We express no opinion on merits, but it is directed that if such an application is filed, the court below must dispose of the same in accordance with law on merits, subject of course to the law relating to limitation. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/