IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 OP (FC).No. 626 of 2011(R) --------------------------------- OS.673/2008 of FAMILY COURT, KOTTARAKKARA .................... PETITIONER --------------- HAKKIM,AGED 24 YEARS,S/O.SIRAJUDEEN, R/AT PALLIVADAKKATHIL,MEEYANA PO, VELINELLOOR, KOLLAM DISTRICT. BY ADV. SRI.V.VENUGOPALAN NAIR RESPONDENT(S): -------------------- HAMSANATH, AGED 22 YEARS,D/O.ABDUL SAMATH,R/AT PALLIVADAKKATHIL,MEEYANA PO, VELINELLOOR, KOLLAM DISTRICT 678 578. THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 05/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs O.P.(FC). NO. 626/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE IA NO.2518/2010 OF THE FAMILY COURT KOTTARAKKARA. P2: COPY OF THE IA NO.2519/2010 OF THE FAMILY COURT KOTTARAKKARA. P3: COPY OF THE ORDER IN IA NO.2518/2010 DATED DATED 06/12/2010 OF THE FAMILY COURT KOTTARAKKARA. P4: COPY OF THE ORDER IN IA NO.2519/2010 DATED 06/12/2010 OF THE FAMILY COURT KOTTARAKKARA. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs Thottathil B.Radhakrishnan & K.Surendra Mohan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = OP(FC).No.626 of 2011-R = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 5th day of August, 2011. Judgment Thottathil B.Radhakrishnan, J. There is no appearance in this matter. Since we were unable to decipher the facts appropriately, we were constrained to call for a report through the office. The registry informs that the original proceeding is still pending before the Family Court. If that were so, we find no reason to keep the petitioner away from contesting that matter. However, this can be on terms. Accordingly, we allow this original petition setting aside the impugned orders and also the order declaring the respondent in the proceedings before the court below ex parte on condition that the petitioner herein will deposit an amount of Rs.5000/- before the court below OPFC.626/11 -: 2 :- which will be paid towards costs and litigation expenses for the plaintiff before the court below, the wife. Such deposit is to be paid within one month from now. If the payment is not made, this original petition will stand dismissed automatically. Thottathil B.Radhakrishnan, Judge. K.Surendra Mohan, Judge. Sha/1908