IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 Mat.Appeal.No. 52 of 2008() --------------------------- OP.101/2006 of FAMILY COURT, THIRUVALLA .................... PETITIONER: APPELLANT --------------------- SARAMMA JOSEPH PULINTHITTA HOUSE, KEEKOZHOOR,RANNY PATHANAMTHITTA. BY ADV. SRI.JACOB P.ALEX RESPONDENTS: ------------- K.T.JOSEPH,INCHAKALAYIL HOUSE PAZHAVANGADI VILLAGE AND MURI RANNY, PATHANAMTHITTA. BY ADV. SRI.ABRAHAM SAMSON SMT.LOVELY SAMSON SMT.VAHEEDA BABU(CONCILIATOR) THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 04/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- Mat.Appeal No.52 of 2008 ---------------------------------------------- Dated 4th February, 2008. J U D G M E N T Kurian Joseph, J. Appellant is the petitioner in O.P.No.101/06 on the file of the Family Court, Thiruvalla. The judgment dated 18.12.2007 is under challenge. The said Original Petition was filed for recovery of money and ornaments/value of immovable properties. It is seen that the Original Petition was dismissed for default. It is also seen from the judgment that the Original Petition had been dismissed on two earlier occasions for default and restored on the application of the petitioner. The appellant is working in Muscat. According to the appellant, she had filed a memo praying for a posting of the case in the Pathanamthitta camp sitting. Learned counsel appearing for the respondent submits that no copy of the memo whatsoever was served on the respondent and hence he was totally unaware of any such request. 2. Pursuant to the direction issued by this court, the MA NO.52/08 2 parties are present. We also had the assistance of Smt.Vaheeda Babu as conciliator. After having talked to the parties, we find that a conciliation before the Family Court is appropriate since the parties are unable to reach a settlement at this stage. It is submitted that the appellant will be available till 25.2.2008. She submits that she can file a proof affidavit within a week, and the trial can be conducted in the ensuing sitting. After having talked to the parties and after having heard the learned conciliator, we feel in the interests of justice that an opportunity should be given to the appellant to prosecute her case on merits. Accordingly, we dispose of the appeal as follows :- (i) The judgment under appeal in O.P.101/06 on the file of the Family Court, Thiruvalla is set aside. The Original Petition is restored to the file of the Family Court. (ii) The parties shall appear before the Family Court on 11.2.2008. (iii) The appellant shall file the proof affidavit on or before 11.2.2008. (iv) The Family Court shall complete the evidence on or before 21.2.2008. Thereafter, the case shall be disposed of within another one month. MA NO.52/08 3 (v) We direct the parties to cooperate with the Family Court for working of the directions as above. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs