IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929 Mat.Appeal.No. 131 of 2007() ---------------------------- OP.277/2006 of FAMILY COURT, MALAPPURAM .................... PETITIONER: APPELLANT/RESPONDENT -------------------------------- SAJEEV.S.NAIR, AGED 33 YEARS, S/O.SANKARAN NAIR, 'VAISAKHI', THIRUVALLUR NAGAR PRESS COLONY P.O., COIMBATORE. BY ADV. SRI.K.ABDUL JAWAD SRI.U.MUHAMMED MUSTHAFA RESPONDENTS: PETITIONER ----------------------- P.K.REEMA, AGED 27 YEARS, D/O.RAMAKRISHNAN, SMRUTHI, THRIKKANDIYOOR AMSOM DESOM, TIRUR TALUK, P.O.THRIKKANDIYOOR. BY ADV. SRI.K.M.FIROZ THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 10/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- Mat.Appeal No.131 OF 2007 ---------------------------------------------- Dated 10th January, 2008. J U D G M E N T Kurian Joseph, J. This appeal is directed against the order dated 11.1.2007 in O.P.No.277/06 on the file of the Family Court, Malappuram. The appellant is the respondent before the Family Court. The petition was filed for restitution of conjugal rights. It is seen from the order that the appellant was not present on the posting date and based on the affidavit of the wife, the petition was allowed. 2. Having regard to the nature of the order, and particularly taking note of the fact that we have already relegated the appellant to pursue the remedy of restoration of the divorce case before the Family Court, we are of the view that it is only in the interests of justice that the appellant is given an opportunity to contest the matter on merits. Accordingly, we set aside the order dated 11.1.2007 in O.P.277/06 and remit the matter to the Family Court. The Family Court shall dispose of the Original Petition within six months from the date of receipt of a copy of the judgment. The appellant shall pay an amount of Rs.3,000/- Mat.Appeal No.131/2007 2 (Rupees three thousand only) by way of costs to the respondent and the amount shall be paid through the counsel appearing for the respondent herein. I.A.Nos.620/07& 2601/07 : Dismissed. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs KURIAN JOSEPH & HARUN-UL-RASHID, JJ ---------------------------------------------- Mat.Appeal No.131 OF 2007 ---------------------------------------------- J U D G M E N T Dated 10th January, 2008.