Delay In Challenging Family Court Orders In Matrimonial Disputes Is Fatal As Parties May Alter Marital Status: Kerala High Court

The Kerala High Court has observed that delay in challenging Family Court orders on matrimonial disputes, especially on dissolution of marriages, is fatal as parties may alter their marital status.A Division Bench of Dr. Justice A.K. Jayasankaran Nambiar and Justice Preeta A.K. observed:“In matrimonial disputes especially in the matters relating to dissolution of marriage, delay in challenging the order of the Family Court is fatal as there are chances of parties altering their status after the appeal period… Great care and caution has to be exercised while condoning the delay in filing the application for setting aside ex parte decrees after the appeal period as it has the effect of affecting the rights of third parties.”The former husband of the appellant had moved the Family Court seeking a decree of divorce. The appellant was set ex parte and an ex parte decree of divorce was granted to the respondent. The appellant filed an application for setting aside the ex parte decree along with a delay condonation application to condone a delay of 160 days. The appellant had explained that the delay was due to non-service of the registered notice from the Family Court.The Family Court allowed the appellant's application and imposed a cost of Rs. 3000/-. To set aside the same, the respondent husband approached the High Court in another petition [Mat. Appeal No. 816 of 2025]. The High court set aside the order of Family Court that set aside the ex parte and directed for re-consideration of the matter after granting an opportunity to the parties to lead evidence regarding the non-service of the notice.Before the Family Court, the appellant examined the postmaster and the postman and marked two documents, whereas the respondent husband produced three documents. The postman deposed that the postal articles marked by the appellant was served by him to the appellant after perusing her identity card. The respondent had produced the certified copies of the marriage certificate and the vakalath submitted by the appellant for comparing the signatures of the appellant in those documents and the acknowledgment card.After the considering the evidence led by the parties, the Family Court dismissed the appellant's applications for setting aside ex parte decree and condonation of delay. Aggrieved, the appellant wife approached the High Court in the present proceedings.On appreciation of the findings on record, the High Court came to the conclusion that there was overwhelming evidence regarding service of notice on the appellant. It found that the Family Court had appreciated the evidence in the right perspective and dismissed the Matrimonial Appeal.Case No: Mat.Appeal No. 296 of 2026Case Title: Sujithra P.A. v. Anishkumar T.R.Citation: 2026 LiveLaw (Ker) 308Counsel for the appellant: V.A. Hakeem, Habnam Hakeem, Rahul O., Nifitha K.A., Hima M., Rahsal Rahman, Varsha S. Das, Niranjana K. S.Counsel for the respondent: N.K. SubramanianClick to Read/Download Judgment

Delay In Challenging Family Court Orders In Matrimonial Disputes Is Fatal As Parties May Alter Marital Status: Kerala High Court

K. Salma Jennath

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K. Salma Jennath

Delay In Challenging Family Court Orders In Matrimonial Disputes Is Fatal As Parties May Alter Marital Status: Kerala High Court

K. Salma Jennath

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K. Salma Jennath

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