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2023 Supreme(Online)(KER) 19381

HIGH COURT OF KERALA
ANIL K. NARENDRAN, P. G. Ajithkumar, JJ
RAHIM MOGRAL @ABDUL RAHEEM,
– Appellant
Versus

ASMA K., – Respondent


Advocates:
BIJI MATHEW, R.LAIJU, C.C.ANOOP, SARUN RAJAN, ROOPESH N.R., RASHEEK AHAMED, B.A., A.ARUNKUMAR, PRATHITHA MARIYAM THOMAS

JUDGMENT

P.G. Ajithkumar, J.

The respondent filed O.P.No.469 of 2020 before the Family Court, Kasaragod seeking dissolution of her marriage with the appellant, which was solemnised on 19.08.2013. An exparte decree was passed in that O.P. on 30.11.2021. This appeal under Section 19 (1) of the Family Courts Act, 1984 is filed by the appellant, to assail the said exparte decree.

2. There was a delay of 64 days in filing the appeal.

As per order dated 27.01.2023 delay was condoned. On 06.01.2023, this Court referred both parties to mediation to be held at the District Mediation Centre, Kasaragod on 16.01.2023 at 11.00 a.m. The learned counsel appearing on either side reported that the mediation failed.

3. Heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondent.

4. Indisputably, the decree dated 30.11.2021 is an exparte one. Contentions of the appellant is that the said decree was passed without assigning any reason and in fact, it was the respondent who deserted the matrimonial home. When the Family Court failed to record its satisfaction regarding existence of the grounds urged by the respondent for dissolution of the marriage, the decree

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