IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 Mat.Appeal.No. 211 of 2009 ---------------------------- OPHMA.877/2007 of FAMILY COURT, KOTTAYAM .................... PETITIONER: --------------- P.K. VIJAYAN, USHAS, MANALEL, MATTAKKARA P.O., AKALAKUNNAM, KOTTAYAM. BY ADV. SRI.P.N.PURUSHOTHAMA KAIMAL SRI.P.JAYAKRISHNA KAIMAL RESPONDENT: --------------- BIJU M.S. NARAYANA VILASAM HOUSE, ETTUMANOOR VILLAGE, KOTTAYAM DIST. THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 04/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C. HARI RANI,JJ ============================== C.M.APPLN.660 OF 2009 & MAT.APPEAL NO. 211 OF 2009 ============================ DATED THIS THE 4TH DAY OF JUNE 2009 JUDGMENT Basant,J. The appellant was the respondent before the Family Court in O.P.No.877/2007. That application was filed by the respondent herein, the wife of the appellant for a decree for dissolution of marriage on the ground of cruelty and desertion. In that petition, the appellant was set ex parte. Thereupon, ex parte evidence was adduced. The wife/respondent herein was examined and Ext.A1 was marked. 2. The appellant challenges the ex parte decree. Called upon to explain whether the appellant has exercised his right to move the Family Court to get the ex parte order set aside, the learned counsel for the appellant submits that the appellant has not done the same. After discussions at the Bar, it is agreed that this petition for condonation of delay and this Mat. Appeal can MAT.A.211/2009 -2- now be dismissed without any fetter on the right of the appellant to move the Family Court to get the ex parte order set aside. That request is accepted. 3. In the result, this petition and the Mat Appeal are dismissed as withdrawn without any fetter on the right of the appellant to move the Family Court to get the ex parte order set aside – subject, of course, to the law of limitation R. BASANT, JUDGE M.C. HARI RANI,JUDGE ks.