IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 Mat.Appeal.No. 515 OF 2008() ---------------------------- OP.630/2007 of FAMILY COURT, MALAPPURAM .................... APPELLANT/RESPONDENT UNNIKRISHNAN.V.A. AGED 30 YEARS,S/O. AYYAPPAN, VALLOPRAMBIL HOUSE KADAVANAD P.O., KADAVANAD AMSOM DESOM, PONNANI TALUK BY ADV. SRI.K.J.SAJI ISAAC DR.ELIZABETH VARKEY RESPONDENTS/PETITIONER: NISHA T.K., AGED 20 YEARS D/O.KRISHNAN, THULUSSERI HOUSE, KADAVANAD P.O. KADAVANAD AMSOM DESOM, PONNANI TALUK. BY ADV. SRI.RAJESH SIVARAMANKUTTY SRI.GLEN ANTONY THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 16/09/2008, ALONG WITH MA NO. 516 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MAT. APPEAL 515/2008 ORDER ON I.A. NO. 1909/2008 IN MAT. APPEAL 1909/2008 // DISMISSED// 16.9.2008. SD/-, P.R. RAMAN, JUDGE. SD/-, T.R. RAMACHANDRAN NAIR, JUDGE. // TRUE COPY // P.S. TO JUDGE. KNC/- P.R. RAMAN & T.R. RAMACHANDRAN NAIR, JJ. = = = = = = = = = = = = = = = = = = = = MAT. APPEAL NOS. 515 & 516 OF 2008 = = = = = = = = = = = = = = = = = = = = = = DATED THIS, THE 16TH DAY OF SEPTEMBER, 2008. J U D G M E N T Raman, J. Appellant is the respondent in O.P. Nos. 629/2007 and 630/2007 on the file of the Family Court, Malappuram. O.P. 629/2007 is one for divorce filed by the wife. O.P. 630/2007 is for return of gold ornaments. There is yet another proceeding O.P. 624/2007 for maintenance. The Family court, by separate orders, disposed of these original petitions granting a decree for divorce and a decree for return of gold ornaments. This was an ex parte order. Hence the appellant preferred I.A. 643/2008 for setting aside the ex parte decree. The court below allowed the applications on terms against which these two appeals are preferred. 2. We have heard both sides. We find that the terms on which the ex parte decree is set aside will cause undue hardship to the appellant who is stated to be a koolie. An amount of Rs. 5,000/- is directed to be paid towards cost for for setting aside the decree passed in the Original Petition (divorce). Likewise, 10% of the decretal amount is directed to be deposited MAT.A. NOS. 515 & 516/2008 :2: as a condition for setting aside the decree in O.P. 630/2007. The order passed on the M.C., however, is not subject matter of appeal before this Court and no direction is therefore, called for. 3. We find that the total amount thus ordered to be deposited for setting aside the ex parte decree passed in O.P. 29/2007 and O.P. 30/2007 will come to Rs.21,000/-, on a rough calculation. Considering the circumstance, we reduce the amount to be deposited to Rs. 10,000/- (ten thousand only). There will be a direction to the appellant to deposit an amount of Rs. 10,000/- (Ten thousand only) within three weeks from today in which event I.A. Nos.643/2007 and 644/2007 will stand allowed and the Original Petitions will stand restored. The amount so deposited can be withdrawn by the respondents herein. In case of failure to deposit the amount as aforesaid, the appeals will stand dismissed. P.R. RAMAN, (JUDGE) T.R. RAMACHANDRAN NAIR, (JUDGE) knc/-