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2018 Supreme(Online)(KER) 2422

HIGH COURT OF KERALA
C.K. ABDUL REHIM, R. NARAYANA PISHARADI, JJ
DENNY PAZHOOR – Appellant
Versus
GREETA SUNITHA VINCENT – Respondent


JUDGMENT

R.Narayana Pisharadi, J This appeal is filed challenging the common order dated

25.07.2018 passed by the Family Court, Ernakulam in the applications I.A.No.37/2017 and I.A.No.38/2017 in O.P.No.527/2016.

2. The appellant is the husband and the respondent is the wife.

3. The appellant filed O.P.No.527/2016 in the Family Court for granting a decree of divorce on the ground of cruelty. The respondent was set ex parte in the case. An ex parte decree of divorce was passed against her on 19.10.2016.

4. The respondent filed an application as I.A.No.37/2017 for setting aside the ex parte decree passed against her. She also filed I.A.No.38/2017 for condoning the delay of 48 days in filing the application for setting aside the ex parte decree. The appellant filed counter affidavit opposing the applications. As per the common order dated 25.07.2018, the Family Court allowed both applications and set aside the ex parte decree passed against the respondent. The husband has come up in appeal challenging the aforesaid order.

5. We have heard learned counsel for the appellant.

6. The ex parte decree of divorce was passed against the respondent on 19.10.2016. There was only a delay of 48 days in

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