IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 Mat.Appeal.No. 345 of 2008() ---------------------------- OP.740/2006 of FAMILY COURT, THIRUVALLA .................... APPELLANT/PETITIONER/RESPONDENT: --------------- JIBY MATHEW, VADAKKUPURATHU VEEDU, MANNARKADU PO., KOTTAYAM BY ADV. SRI.JACOB E SIMON RESPONDENT/PETITIONER --------------- SUJAMOL CHACKO, KADIYANKUNNIL VEEDU CHELLAKADO PO., MADATHUMPADY MURI PAZHAVANGADI VILLAGE, RANNY TALUK ADV. SRI.ABRAHAM SAMSON FOR R1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 09/06/2009, ALONG WITH MA NO.434 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C.HARIRANI, JJ. * * * * * * * * * * * * * Mat.Appeal Nos.345 and 434 of 2008 ---------------------------------------- Dated this the 9th day of June 2009 J U D G M E N T BASANT,J These appeals are directed against successive orders passed in an application to set aside an ex parte decree before the Family Court. An ex parte decree was passed against the appellant obliging him to pay amounts to the respondent, his wife. He filed an application to set aside the ex parte order. The learned Judge of the Family Court indulgently directed that the ex parte order be set aside on condition that the appellant deposits an amount of Rs.25,000/- being half of the admitted liability. That order is challenged in the first Mat.Appeal. Inasmuch as the amount was not deposited as directed, the learned Judge proceeded to pass the next order dismissing the application to set aside the ex parte order. That order is challenged in the next Mat.Appeal. 2. When this appeal was admitted on 29/9/2008, there was a direction that an amount of Rs.50,000/- be deposited. It is submitted at the Bar that the amount has already been deposited. M.A.Nos.345 & 434 of 2008 2 3. When these appeals came up for hearing, there is an agreement between the parties that the amount of Rs.50,000/- deposited as per the order dated 29/9/2008 can be directed to be released to the respondent herein and the appellant can be given an opportunity to advance his contentions before the Family Court. 4. In the result, a) These Mat.Appeals are allowed as agreed. b) The impugned order shall stand set aside and the Family Court shall dispose of O.P.No.740/2006 afresh, in accordance with law and as expeditiously as possible. c) The amount of Rs.50,000/- which is in deposit before the court below shall forthwith be released to the respondent. Those amounts shall be treated as paid to the respondent on the date on which the amounts are released to him and credit shall be given to such payments ultimately if a decree were passed against him. d) In any event, the amount realised shall not be liable to be returned by the respondent. e) Parties shall appear before the Family Court on 09.07.09 to continue the proceedings. (R.BASANT, JUDGE) (M.C.HARIRANI, JUDGE) jsr M.A.Nos.345 & 434 of 2008 3 M.A.Nos.345 & 434 of 2008 4 R.BASANT &C.T.RAVIKUMAR, JJ. .No. of 200 ORDER/JUDGMENT 06/02/2009