IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 Mat.Appeal.No. 679 of 2007 -------------------------------------- O.P.647/2006 OF FAMILY COURT, THIRUVALLA. .................... APPELLANTS/RESPONDENTS 1 TO 3: ------------------------------------------------------ 1. SREEJESH DIVAKARAN, AGED 28 YEARS, S/O.M.K.D.NAMBOOTHIRI, Y/87, HEUZ KHAG, NEW DELHI-110 016. 2. M.K.NAMBOOTHIRI, AGED 69 YEARS, Y/87, HEUZ KHAG, NEW DELHI-110 016. 3. JALAJAM @ LALITHA DIVAKARAN, AGED 54 YEARS, S/O. M.K.D.NAMBOOTHIRI, Y/87, HEUZ KHAG, NEW DELHI-110 016. BY ADV. SRI.K.MOHANAKANNAN, ADV. SRI.A.MOHAMMED. RESPONDENT/PETITIONER: ---------------------------------------- NISHA.V., AGED 25 YEARS, D/O.USHADEVI, NISHANTH, V.P.1/100, HOUSE NO.26, KAMALA GARDENS, PEROORKADA, TRIVANDRUM, PRESENTLY RESIDING AT NEELAMANA, ADOOR, PATHANAMTHITTA-24. BY ADV. SRI.T.M.ABDUL LATHEEF. THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 14/02/2008,ALONG WITH R.P.FC. NO.352/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. -------------------------------------- Mat Appeal.No.679 OF 2007 & R.P.F.C.No.352 of 2007 ------------------------------------- Dated 14th day of February, 2008 J U D G M E N T Koshy,J . Appellant and petitioner in these cases are the husband who was declared ex parte by the Family Court. In maintenance application ex parte order was passed. Tribunal in his discretion when a petition to set aside the ex parte order was filed allowed the petition to set aside the ex parte on deposit of the amount ordered. In an original petition for return of money and gold ornaments also, the appellant was ex parte. It is not the first time the appellant became ex parte in the above proceedings. The conduct of the appellant shows that he was intentionally dragging the proceedings. However on the facts and circumstances of the case, we direct the Family court to restore the application and set aside the ex parte order, if the appellant deposits 1/3 rd each of the amount awarded and Mat Appeal.No.679 OF 2007 & R.P.F.C.No.352 of 2007 2 furnish security for the balance amount in both cases to the satisfaction of the Family Court, within one month from today. If the above conditions are fulfilled, both cases should be restored and on deposit of the amount, the amount deposited towards maintenance can be withdrawn by the wife. If the conditions are not complied with, within the stipulated time, expert jurisdiction orders and decree will stand finalised. With the above observations, both matrimonial appeal and revision petition are disposed of. J.B.KOSHY JUDGE K.HEMA JUDGE prp