IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 8TH JULY 2009 / 17TH ASHADHA 1931 RPFC.No. 176 of 2009(E) ----------------------- M.C.NO.257/2007 OF FAMILY COURT, ERNAKULAM PETITIONERS/PETITIONERS IN THE M.C. ------------------------------------------------------- 1. SHEREENA,D/O.ABDUL SATHAR,AGED 34 YEARS, KALLOOPARAMBIL VEETTIL,KONDIMATTOM DESOM, THATTEKAD P.O.,KEERAMPARA VILLAGE, KOTHAMANGALAM. 2. EYAD MUHAMMED,S/O.NAFEYUDIN, AGED 12 YEARS,REP.BY HIS MOTHER AND GUARDIAN SHEREENA,KALLOOPARAMBIL VEETTIL, KONDIMATTOM DESOM,THATTEKAD P.O., KEERAMPARA VILLAGE,KOTHAMANGALAM. BY ADV. SRI.ALEXANDER JOSEPH RESPONDENT(S): RESPONDENT IN THE M.C. ------------------------------------- NAFIYUDHEEN,S/O.FAKEER MUHAMMED, AGED 48 YEARS,CHUNGATH HOUSE, KANJIRANKANDIDESAM,KOORKANCHERI VILLAGE, THRICHUR DISTRICT. ADV. SRI.S.RAJEEV THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 08/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- R.P.(FC) No.176 of 2009 -------------------------------------- Dated this the 8th day of July, 2009. ORDER Heard both sides. 2. This revision is in challenge of order dated 20.2.2009 in M.C.No.257 of 2007 of Family Court, Ernakulam. Petitioners, wife and son of respondent claimed maintenance from him. When that petition came up for hearing on 20.2.2009 petitioners were not present. There was no representation for them. Learned Judge dismissed the petition for default. It is submitted by learned counsel for petitioners that on the relevant day, petitioner No.1 could not appear in court as she had been to Bangalore accompanying her sister who was to attend an interview there. Counsel for respondent submits that for six posting dates before 20.2.2009 also petitioners were absent. 3. On the day the petition was dismissed for absence of the petitioners, they could not appear for the reason above stated. I am not inclined to think that there was wilful default or laches on the part of petitioners in not appearing in court. I am inclined to give petitioners an opportunity to prosecute the petition. RP(FC) No.176/2009 2 Resultantly this revision is allowed. Order under challenge is set aside and M.C.No.257 of 2007 is remitted to the Family Court, Ernakulam for disposal after giving both sides an opportunity to adduce their evidence. Parties shall appear in the court below on 16.7.2009. THOMAS P.JOSEPH, Judge. cks