Ramachandran Nair, J.,
Suo motto action was taken on a complaint filed by one Ambily K, Naduviledathu Veedu, Pathanamthitta who is the respondent in O.P.(H.M.A) 600/2010 on the file of the Family Court, Kollam. Going by the report filed along with memo dated 24.9.2014, it is seen that the ex-parte order dated 31.1.2012 in O.P.(HMA) 600/2010 on the file of the Family Court, Kollam was set aside by the court after an I.A. 341/2012 was filed by the counter petitioner and the O.P.(HMA) 600/2010 was restored to file on 17.09.2012.
2. We have perused the report dated 24.9.2014. It is also clear that on 8.11.2012, both parties were represented and the case was posted for mediation or objection to 25.01.2013. On 25.01.2013 respondent represented and posted for objection to 23.05.2013. Both parties were absent on the ensuing three O.P.(F.C.) No.404 of 2014 :2:
posting dates and on 28.9.2013 both parties and counsel were absent and mediation report was not received. Hence, the O.P was dismissed for default on 28.9.2013.
In the light of the above, it is clear that suo motto action is not required in the matter. Both parties can seek suitable remedies as enjoyed by law. Accordingly, O.P.(F.C.) 404/2014 is closed.
Sd/-
T.R.RAMACHANDRAN NAIR (JUDGE) AL/-
Sd/- P.V.ASHA (JUDGE) True copy P.A to Judge