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2018 Supreme(Ker) 633

C.K.ABDUL REHIM, R.NARAYANA PISHARADI
Denny Pazhoor S/o Joseph – Appellant
Versus
Greeta Sunitha Vincent D/o Late Joseph Vincent – Respondent


Advocates Appeared:
For the Petitioners: Sri. M.M. Saidu Muhammed, Smt. Reena Mathew.

JUDGMENT :

R. NARAYANA PISHARADI, J.

1. This appeal is filed challenging the common order dated 25.07.2018 passed by the Family Court, Ernakulam in the applications I.A. No. 37/2017 and I.A. No. 38/2017 in O.P. No. 527/2016.

2. The appellant is the husband and the respondent is the wife.

3. The appellant filed O.P. No. 527/2016 in the Family Court for granting a decree of divorce on the ground of cruelty. The respondent was set ex-parte in the case. An ex-parte decree of divorce was passed against her on 19.10.2016.

4. The respondent filed an application as I.A. No. 37/2017 for setting aside the ex-parte decree passed against her. She also filed I.A. No. 38/2017 for condoning the delay of 48 days in filing the application for setting aside the ex-parte decree. The appellant filed counter affidavit opposing the applications. As per the common order dated 25.07.2018, the Family Court allowed both applications and set aside the ex-parte decree passed against the respondent. The husband has come up in appeal challenging the aforesaid order.

5. We have heard learned counsel for the appellant.

6. The ex-parte decree of divorce was passed against the respondent on 19.10.2016. There was only a de
































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