IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 Mat.Appeal.No. 238 of 2007() ---------------------------------------- AGAINST THE ORDER IN IA.1482/06 IN OP.105/2006 of FAMILY COURT, MALAPPURAM . .................... PETITIONER: RESPONDENT ---------------------- SREELATHA, 29 YEARS, D/O.MADHAVI AMMA, KARIYATHOTTAM HOUSE, PATTAMBI. BY ADV. SRI.T.A.RAJAN SRI.C.K.JAYAKUMAR RESPONDENTS: PETITIONERS ------------------------ RAJAN, AGED 37 YEARS, S/O.DEVAKI AMMA, THANIKKAL HOUSE, CHERUKARA, MALAPPURAM DT. BY ADV. SRI.P.SAMSUDIN - R1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 10/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & P.N. RAVINDRAN, JJ. ---------------------------------------------------- Mat.A.NO.238 OF 2007-E ---------------------------------------------------- Dated this the 10th day of June, 2008. JUDGMENT Koshy, J: Respondent in this appeal filed a petition for restitution of conjugal rights before the Family Court. When the case was listed, appellant did not appear and therefore the original petition was allowed directing restitution of conjugal rights. A petition filed to set aside the ex-parte order was also dismissed. We are of the view that when the appellant was present and filed a petition for setting aside the ex-parte order, the Tribunal ought to have given an opportunity to establish the case of the appellant and to adduce evidence........ In these circumstances, we allow the appeal and direct the parties to be present before the Family Court on 29th July, 2008. Both of them shall be present on that day. We set aside the impugned order. The Family Court is directed to dispose of the matter after taking evidence. If the appellant absents further in the proceedings, the . 2 Family Court is free to decide the mater ex- parte. J.B. KOSHY, JUDGE. P.N. RAVINDRAN, JUDGE. cl . 3 J.B. KOSHY & P.N. RAVINDRAN, JJ. - Mat.A.NO.238 OF 2007-E JUDGMENT 10th day of June, 2008.