The court reinforced that parties must be afforded a meaningful opportunity to defend their interests in family law proceedings.

J U D G M E N T

Surendra Mohan, J.

The husband has filed this appeal challenging the ex-

parte decree in OP(HMA) No.440 of 2014 of the Family Court, Chavara. The respondent is the wife of the petitioner. She had filed the Original Petition seeking a declaration that the marriage of herself and the appellant was null and void. According to the appellant, he had entered appearance and filed objections denying the contentions of the respondent. However, when the case was posted for evidence on 13.10.2015, a request for adjournment was made by his counsel for the reason that there was a change in the vakalath. But the adjournment sought for was not granted. He was set ex parte. On the same day itself, the counsel for the appellant had filed a petition to set aside the order declaring him ex parte. But the same was dismissed on that day itself. The respondent thereafter filed an affidavit and marked exhibits A1 to A19. On the basis of the affidavit, the Original Petition was allowed and divorce was granted. According to the appellant, he has substantial contentions to be urged in the Original petition. Therefore, he seeks the grant of an opportunity to contest the petition on the merits.

2. In this case, notice was ordered to the respondent. The respondent has been served. But there is no appearance for her. Therefore, we have heard the counsel for the appellant.

3. We notice that on 13.10.2015, when the case stood posted for evidence, the appellant was represented through counsel. The counsel had sought for the grant of an adjournment for the reason that there was a change in the vakalath. The request was rejected. On the same day, it appears that the application to set aside the ex parte order was filed. Annexure A1 order produced along with I.A.No.543 of 2016 shows that the said petition was also dismissed on the same day. Annexure A1 does not state any reasons for such dismissal. It was thereafter that, on 19.10.2015, the Original Petition was allowed by the judgment appealed against. The appellant was prompt in filing a petition for setting aside the ex parte order. Therefore, we are satisfied that it is necessary to grant the appellant an opportunity to contest the Original Petition on the merits. Since the judgment of the Family Court is one rendered ex parte, the same is set aside for the purpose of providing an opportunity to the appellant to contest the matter.

In the result, this appeal is allowed. The Family Court shall take up OP(HMA) No.440 of 2014 afresh, give an opportunity to the appellant to adduce evidence, if any and shall thereafter dispose of the same on the merits.

K.SURENDRA MOHAN JUDGE MARY JOSEPH JUDGE

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