IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 3RD JUNE 2011 / 13TH JYAISHTA 1933 OP (FC).No. 1382 of 2011(R) --------------------------- OP.155/2010 of FAMILY COURT, NEDUMANGAD .................... PETITIONER ------------------------------ NISHA JAMMADAS, D/O.SULEKHA, AGED 33 YEARS, "SREE RAJ", PUTHUSSERI MUKKU, THOTTAKADU, KARAVARAM VILLAGE, KALLAMBALAM, CHERIYINKEEZHU TALUK, THIRUVANANTHAPURAM. BY ADV. SMT.M.A.ZOHRA RESPONDENT: --------------- DEEPAK, S/O.SREEDHARAN, AGED 38 YEARS, "KALABHAM", T.C.75/200, ANAYAR P.O., PETTA VILLAGE, THIRUVANANTHAPURAM- 69 029. ADV. SRI.LATHEESH SEBASTIAN FOR R1 THIS O P (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 03/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - O.P.(F.C) No. 1382 of 2011 R - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of June, 2011 JUDGMENT K.M. Joseph J., The prayer in the writ petition is as follows: “(i) to set aside Ext.P8 and to direct the Family Court to dispose of I.A. 883 of 2010 and Ext.P6 (I.A. 1083 of 2010) to set aside Ext.P2, in accordance with law as expeditiously as possible and at least within a time frame to be fixed by this Hon'ble Court. (ii) to direct the Family Court to consider the objections filed by the petitioner in O.P. No. 155 of 2010 and to give sufficient opportunity to the petitioner to take necessary steps and adduce evidence in O.P. 155 of 2010 to contest the divorce petition in accordance with law. (iii) to stay all further proceedings in Ext.P2 and implementation of Ext.P2 judgment till disposal of the divorce petition O.P. No. 155 of 2010 in O.P.(F.C) No. 1382 of 2011 :2: accordance with law and granting sufficient opportunity for the petitioner to adduce evidence.” 2. Briefly the case of the petitioner is as follows. The petitioner herein is the petitioner in O.P. No. 955 of 2009 and the respondent in O.P. No. 155 of 2010 before the Family Court Negumangad. O.P. No. 155 of 2010 is a petition filed by the respondent seeking divorce. O.P. No.955 of 2009 is a petition filed by the petitioner for restitution of conjugal rights. O.P. No. 155 of 2010 was decreed exparte. According to the petitioner, she was suffering from viral fever. Though she filed I.A. No. 883 of 2010 to set aside the exparte order along with application I.A. No. 884 of 2010 to advance hearing of I.A. No. 883 of 2010, the same was overlooked by the Family Court and the matter was decreed exparte. Ext.P1 is the copy of “B” Diary in O.P. No. 155 of 2010, Ext.P2 is the exparte judgment in O.P. No. 155 of 2010 and Exts.P3 and P4 are the copies of I.A. Nos.883 and 884 of 2010 respectively. Ext.P5 is the Medical Certificate. According to the petitioner the Family Court erred in not disposing off I.A. No. 883 of 2010 and I.A. No. 884 of 2010. The petitioner has filed Ext.P6 I.A., which is the application to set aside Ext.P2. O.P.(F.C) No. 1382 of 2011 :3: 3. Learned counsel for the respondent would point out that he has no objection in the O.P. being allowed and an expeditious decision being taken on Ext.P6. As far as I.A. No.1083 of 2010 is concerned, it is for the petitioner to file an application to set aside the exparte order. 4. We dispose of the Writ Petition directing the Family Court to take up Ext.P6 application and dispose of the same at the earliest, at any rate, within a period of two months from the date of production of a copy of this judgment before that Court. 5. The learned counsel for the respondent submits that the respondent has no proposal to remarry, in the meantime K.M.JOSEPH, (JUDGE) M. L. JOSEPH FRANCIS, (JUDGE) dl/