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2023 Supreme(Online)(KER) 6515

HIGH COURT OF KERALA
ANIL K. NARENDRAN, P. G. Ajithkumar, JJ
REEBA JOSEPH – Appellant
Versus
BINIL ABRAHAM – Respondent


Advocates:
ARUN KRISHNA DHAN, ARJUN SREEDHAR, T.K. SANDEEP ALEX ABRAHAM, VEENA HARIKUMAR, DAISY IRENE DANIEL

JUDGMENT

P.G. Ajithkumar, J.

This Original Petition under Article 227 of the Constitution of India is filed by respondent in I.A.Nos.1 and 2 of 2021 in O.P.No.926 of 2018 before the Family Court, Kottayam at Ettumanoor. As per Ext.P8 order (sic), the Family Court allowed the said interlocutory applications on payment of a cost of Rs.5,000/-. The petitioner seeks to set aside Ext.P8 order.

2. On 06.06.2022, notice on admission was directed to be served on the respondents. Further proceedings in O.P.No.926 of 2018 was directed to be kept in abeyance for a period of one month. The interim order was later extended.

3. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.

4. The Family Court holding that there was no due service of notice on the petitioner, set aside the exparte decree dated 16.11.2019 in O.P.No.926 of 2018. Paragraph No.6 of the impugned order reads,- “6. A perusal of records would go to show that the respondents have been set exparte. Admittedly there was no direct service. The notices were returned unclaimed. The returned notices would also show that it was sent to Kurichy address. A perusal of the original petitio

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