IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 WP(C).No. 20209 of 2008(S) -------------------------- OS.278/2000 of FAMILY COURT, NEDUMANGAD .................... PETITIONER: ------------ CHELLAPPAN, AGED 54, VADAKEVILA VEEDU UTHIRAPETTI, KONCHIRA, VEMBAYAM VILLAGE NEDUMANGAD TALUK BY ADVS. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENTS: ------------- 1. PONNAMMA, AGED 48, D/O.LEKSHMI VADAKKEVILA VEEDU UTHIRAPETTI, KONCHIRA VEMBAYAM VILLAGE, NEDUMANGAD TALUK 2. REJANI, AGED 26, D/O.PONNAMMA, RESIDING AT DO.DO. 3. RAJESH, AGED23, S/O.PONNAMMA, RESIDINGA AT DO.DO. BY // THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- W.P.(C)NO.20209 OF 2008 ---------------------------------------------------------------- Dated this the 8th day of July, 2008 JUDGMENT Kurian Joseph, J. The petitioner is aggrieved by Exts.P5 and P6 orders passed by the Family Court, Nedumangad. Ext.P5 is the order passed by the Family Court on the petition filed by the husband to condone the delay in filing the petition to set aside the ex parte decree passed against him. The Family Court allowed the application on condition of payment of Rs.25,000/-. It appears that no amount was paid as directed and hence by Ext.P6 order dated 30.1.2007, the Family Court dismissed the application. 2. The impugned orders were passed as early as in January, 2007. There is no point in this Court interfering with the matter at this stage. However, we make it clear that in case the petitioner is prepared to deposit the amount, it will be open to him to approach the Family Court itself for W.P.(C)NO.20209/2008 2 appropriate orders. Giving such liberty to the petitioner, the Writ Petition is dismissed. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ W.P.(C)NO.20209/2008 3 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. W.P.(C)NO.20209/2008 JUDGMENT 8th July, 2008