IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 30TH OCTOBER 2009 / 8TH KARTHIKA 1931 Mat.Appeal.No. 731 of 2008() ---------------------------- OP.57/2006 of FAMILY COURT, ALAPPUZHA .................... APPELLANTS/PETITIONERS. ------------------------------------- 1. SUBAIDA,W/O.ABDUL AZEEZ, AMBALAVIAL KIZHAKKETHIL HOUSE, KOMALLOOR P.O., CHUNKKARA, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT. 2. AZEENA,D/O.ABDUL AZEEZ, AMBALAVIAL KIZHAKKETHIL HOUSE, KOMALLOOR P.O., CHUNKKARA, MAVELIKKARA TALUK,ALAPPUZHA DISTRICT. BY ADV. SRI.M.DINESH RESPONDENT/RESPONDENT ------------------------------------ ABDUL AZEEZ,(RAJAN), S/O.JANAB KOYAKUNJU RAWTHER, THERAMBIL THARAYIL HOUSE,KADATHUR P.O., VAVVAKAVU, KARUNAGAPPALLY. ADV. SRI.JOMY GEORGE SRI.LITHIN THOMAS THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 30/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- MAT.APPEAL No.731 OF 2008 ----------------------------------------------------- DATED THIS THE 30th DAY OF OCTOBER, 2009 J U D G M E N T Basant, J. Aggrieved by the order of the Family Court, dismissing their application for maintenance and marriage expenses, for deafult, the appellants have come before this Court. The appellants are - a mother aged 53 years and her daughter aged 30 years. The respondent herein is their husband/father. 2. The matter was ripe for hearing. On a day when the matter came up for hearing, the respondent herein was not present. The court below noted the absence of the respondent and posted the case for disposal. On such date to which the case was posted for disposal, the respondent filed an application for review. On that day, the appellants and their counsel were not present. The court below allowed the review petition and immediately took up O.P.No.57/2006 for consideration and dismissed the same for default. 3. The learned counsel for the appellants submits that such a hasty and hurried disposal for default was not justified. Mat.A.No.731/08 -2- The court below did not show the compassion and sympathy which a Family Court must imbibe and display to discharge its onerous responsibilities under the Act. 4. We have heard the learned counsel for the respondent. 5. We need not expatiate. We are satisfied that there is merit in the submission of the learned counsel for the appellants. On a date on which the case was posted for consideration of the review application, it was not at all necessary to dispose of the O.P, for default on the part of the claimants/appellants herein. We are satisfied that the impugned order warrants interference invoking our appellate jurisdiction under Section 19 of the Family Courts Act. 6. In the result: (a) this appeal is allowed. (b) the impugned order is set aside. (c) the Family Court is directed to dispose of O.P.No.57/2006 afresh in accordance with law, as expeditiously as possible - at any rate within a period of three months from Mat.A.No.731/08 -3- 23.11.2009 on which date the parties shall appear before the Family Court to proceed further with the matter. 7. Hand over copy of this judgment to the learned counsel for both sides. The parties and their counsel shall be present before the Family Court on 23.11.2009. Compliance shall be reported to this Court. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn