Allowed

T.K.Saithalavi Haji v. Sulaikha

Kerala HC20 Oct 2009Mat.Appeal/244/2009

Case brief

AI extract

What is this about?

The Kerala High Court allowed the matrimonial appeal on the basis of a compromise petition filed by the parties. The impugned order was set aside, satisfaction of the wife's claim under the family court order was recorded, and the deposited amount ordered to be released.

What did the court decide?

The impugned order was set aside; satisfaction of the claim in the family court decree was recorded; Rs. 1 lakh deposited plus interest was ordered to be released to the respondent wife.

T.K.Saithalavi Haji Vs Sulaikha — Matrimonial and Divorce | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 Mat.Appeal.No. 244 of 2009() ---------------------------OP.524/2008 of FAMILY COURT, MALAPPURAM ....................

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APPELLANT/RESPONDENT ---------------------------

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T.K.SAITHALAVI HAJI, AGED 56 YEARS, S/O.KUNHUIMUHAMMED, THAYYIL KADENGAL HOUSE, PALLIPRAM AMSOM, PERUNTHALLOR DESOM, TIRUR TALUK, MALAPPURAM DISTRICT.

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BY ADV. SRI.A.A.ABUL HASSAN

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RESPONDENT: APPELLANT

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SULAIKHA, AGED 29 YEARS, D/O.MUHAMMAD, CHOLAYIL HOUSE, AVASANA KARATHOOR, TIRUNAVAYA AMSOM, KARATHOOR DESOM, TIRUR TALUK, KODAKKAL P.O.

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ADV. SRI.P.CHANDRASEKHAR

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THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 20/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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ORDER ON I.A.No. 913/09 IN MAT.APPEAL NO.244/09

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//DISMISSED//

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20.10.2009

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SD/- R.BASANT, JUDGE. SD/-M.C.HARI RANI, JUDGE

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R.BASANT & M.C.HARI RANI, JJ.

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--------------------------------------------------

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Mat.Appeal No.244 OF 2009

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-----------------------------------------------------

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DATED THIS THE 20^th DAY OF OCTOBER, 2009

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J U D G M E N T

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Basant, J.

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This appeal is preferred by the appellant/husband against a decree for payment of money to his wife, the respondent herein in O.P.No.524/2008, passed by the Family Court, Malappuram.

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When the matter came up for hearing, both counsel are present. They submit that the parties have settled their disputes now. A joint petition reporting compromise is filed as I.A.No.2921/2009. Agreement entered into between the parties dated 14^th July, 2009 is annexed to the said I.A.

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Both counsel submit that amounts have been received by the claimant/respondent herein/wife in full settlement of the decree/order in O.P.No.524/08 and in these circumstances this Mat.Appeal may be allowed and

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Mat.A.No.244/09

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the impugned order may be set aside recording satisfaction.

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It is submitted that the satisfaction is reached on the understanding that the amount of Rs.1 lakh lying in deposit before the court below as per order dated 25.3.2009 of this Court, shall also be released to the respondent herein.

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We are satisfied that the compromise can be

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accepted and consequential orders can be passed.

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In the result:

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(a) I.A.No.2921/09 is allowed. The joint compromise petition and the agreement annexed to the same shall form part of the appellate decree.

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(b) Mat.Appeal No.244/09 is allowed. The impugned order is set aside. Satisfaction of the claim made in O.P.No.524/08 before the

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court below is recorded.

Mat.A.No.244/09

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the court below (along with interest accrued, if any) as per order dated 25.3.2009 in I.A.No.913/09,shall forthwith be released to the respondent herein by the Family Court.

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(d) Needless to say, attachment, security, etc. shall be lifted and released. Needless to say, consequent orders shall be passed by the court below and necessary intimations given.

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R.BASANT, JUDGE.

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M.C.HARI RANI, JUDGE.

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dsn

T.K.Saithalavi Haji v. Sulaikha

Case brief

What is this about?

What did the court decide?

T.K.Saithalavi Haji v. Sulaikha

Case brief

What is this about?

What did the court decide?

What the court decided

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