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2017 Supreme(Ker) 799

SUNIL THOMAS
Preeju David – Appellant
Versus
Minor Mebel rep. by Guardian Mother Nisha John – Respondent


Advocates Appeared:
For the Petitioner:G. Unnikrishnan, Advocate
For the Respondents:Dilip J. Akkara, Advocate

JUDGMENT :

1. Original petitioner herein is the father of the respondents herein, who are minors, represented by the mother. He had married the mother of the minors on 24.06.2001. After the birth of the children, relationship got strained and matrimonial proceedings were initiated. The children, through their mother, moved M.C.No.543 of 2010 before the Family Court, Thrissur, claiming monthly maintenance under section 125 Cr.P.C. Two proceedings were initiated by the mother and an application for Divorce was filed by the father. While the matters were pending, disputes were resolved. An endorsement was made on behalf of the children on the files and maintenance petition was dismissed, by Ext.P3 order. Thereafter, the children, came to know that the father had not withdrawn his application for divorce as agreed and had in fact obtained an exparte decree of divorce. Hence they filed M.P.No.1433 of 2013 to recall Ext.P3 order and to restore M.C.No.543 of 2010 to file. It was accompanied by another application to condone the delay in filing M.P.No.1433 of 2013. Family Court, after hearing both sides allowed the applications overruling the objections filed by the husband. This is assaile



























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