IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 6TH JULY 2011 / 15TH ASHADHA 1933 Mat.Appeal.No. 285 of 2010() ---------------------------- IA NOS.3979 & 3980 OF 2008 IN OP(HMA) 556/07 ON THE FILE OF FAMILY COURT, KOTTARAKKARA. PETITIONER(S): APPELLANT/ORIGINAL IST RESPONDENT ------------------------------------------------ SINI, D/O.SADASIVAN PILLAI, SINI NILAYAM, PADINJATTAKIZHAKKE MURI, SOORANADU NORTH VILLAGE. BY ADV. SRI.P.C.SASIDHARAN RESPONDENT(S): --------------- 1. KRISHNA KUMAR, KOCHUVEETTIL, ADINADU NORTH, KLAPPANA, KARUNAGAPPALLY. 2. SAJI KUMAR, NEDIYATHU SAJI VIHAR, MANAPPALLY, THAZHAVA, KARUNAGAPPALLY TALUK.(DELETED) (2ND RESPONDENT IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE PETITIONER AS PER ORDER DATED 30.3.2011 IN I.A.920/11) ADV. SRI.P.B.SURESH KUMAR FOR R1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 06/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------------- Mat.Appeal No.285 of 2010 ----------------------------------------------- Dated 6th July, 2011. J U D G M E N T Joseph, J. The appellant challenges the order of the Family Court, Kottarakkara in I.A.Nos.3979 and 3980 of 2008 in O.P. (HMA) 556/07. 2. O.P.(HMA) 556/07 was filed by the first respondent, who is the husband of the appellant, seeking a decree of dissolution of marriage, alleging adultery against the appellant with the second respondent. The Family Court granted the decree ex parte. The appellant filed the applications mentioned above to set aside the ex parte decree and to condone the delay of 43 days. These applications have been dismissed by the impugned orders. Hence the appeal. 3. We heard learned counsel for the parties. 4. No doubt, the reason stated by the appellant has not been found to be correct by the Family Court. As already noticed, the matter relates to divorce and the ground alleged is adultery. We would think that there must be an adjudicated decision in the matter and the delay is 43 days. In the interest Mat.Appeal No.285/10 2 of substantial justice, we allow the appeal and set aside the impugned orders. The interlocutory applications referred to above will stand allowed. The ex parte decree will also stand set aside. The parties will appear before the Family Court on 3.8.2011. If necessary, after issuing fresh notice to the second respondent, the Family Court shall dispose of the matter finally, with opportunity to the parties, within a period of three months from 3.8.2011. The Mat.Appeal is disposed of as above. Sd/- K.M.JOSEPH, JUDGE. Sd/- M.L.JOSEPH FRANCIS, JUDGE. tgs (True copy) P.S. to Judge.