JUDGMENT

A.MUHAMED MUSTAQUE.J This matter arises from an application to set aside ex parte decree in a custody matter. The dispute is with regard to two children born out of the wedlock between the parties. The mother is living in Singapore and the father is working in Ernakulam. The eldest child is currently with the paternal grandmother and the youngest child is with the maternal grandmother. The matter is pending since 2019.

2. We heard the learned counsel for the petitioner/respondent and the learned counsel for the respondent/petitioner.

3. Though we are not inclined to reverse an order of dismissal in an application to set aside the ex parte decree, taking note of acceptance, we are of the view that an opportunity can be given to the father. Father is ready for an out of turn trial and to adduce evidence. 4. Having considered the above request, the impugned order is set aside and we direct the parties to appear before the Family Court, Pathanamthitta on 05.09.2023. The Family court, thereafter shall dispose the matter on or before 15.10.2023. Though the petitioner raises a question of maintainability based on territorial jurisdiction, we are of the view that the question need n