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2014 Supreme(Online)(KER) 29105

HIGH COURT OF KERALA
K.RAMAKRISHNAN, J
vs


Advocates:
SRI.M.SHYJU

JUDGMENT

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This Criminal petition is filed by the petitioner, seeking early disposal of the application filed by him to set aside the exparte order passed in M.C.No.9/2006 of Judicial First Class Magistrate Court-II, Kochi, under Article 226 of Constitution of India.

2. It is alleged in the petition that the petitioner is the counter petitioner in MC.No.9/2006 on the file of the Judicial First Class Magistrate Court-II, Kochi. The respondent herein filed an application under section 3 of Muslim Women (Protection of Rights on Divorce) Act , 1986. He was working as a helper in Saudi Arabia. On account of some suspicious in the conduct of the respondent, he divorced the respondent herein. She filed MC.9/2006 before the Judicial First Class Magistrate Court-II, Kochi, stating that, he is working as an Engineer in Gulf and his monthly salary is `.60,000/- per month. He came to know about the proceedings only recently. It was revealed that, the respondent obtained exparte order dated 06.05.08 evidenced by Ext.P1, which was passed on the basis of evidence adduced by the respondent alone, stating that, the petitioner herein, who is the respondent in the case, was an Engineer

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