Allowed

Sajna v. P.Prajeesh

Kerala HC23 Oct 2009Mat.Appeal/298/2009

Case brief

AI extract

What is this about?

The court allowed a matrimonial appeal and accepted a joint compromise petition filed by both parties. The impugned order dismissing the petition to declare an alleged marriage null and void was set aside, and the marriage was declared null and void as agreed by both sides.

What did the court decide?

I.A.No.2896 of 2009 allowed; appeal allowed; impugned order set aside; alleged marriage declared null and void.

Sajna Vs P.Prajeesh — Matrimonial and Divorce | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931

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Mat.Appeal.No. 298 of 2009(B) ---------------------------OP.511/2007 of FAMILY COURT, KOZHIKODE .................... APPELLANT/ PETITIONER: ---------------

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SAJNA, AGED 24, D/O. M. SATHYN, SOUPARNIKA, BALUSSERY AMSOM DESOM, P.O. BALUSSERY, KOZHIKODE DIST.

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BY ADV. SRI.A.BALAGOPALAN

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RESPONDENT: --------------P. PREJEESH, AGED 26, S/O. P. PRAKASAN, PRASANTH HOUSE, PADINJATTUMMURI AMSOM, MUTHOLI DESOM, KAKKODI P.O., KOZHIKODE 673 011.

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ADV. SRI.V.V.SURENDRAN FOR R1 SRI.P.A.HARISH FOR R1

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THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 23/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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

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Mat.Appeal No.298 of 2009

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Dated this the 23^rd day of October, 2009

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JUDGMENT

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BASANT, J.

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Aggrieved by the dismissal of the appellant's petition filed under Section 12 of the Hindu Marriage Act to declare the alleged marriage which was solemnised between her and the respondent on 04.05.06, the appellant has come before this Court. During the pendency of the petition, the parties had settled their disputes and a joint application for composition has been filed as I.A.No.2896 of 2009. Both counsel now submit that there is no valid evidence to prove any marriage and the meager evidence that is placed before court cannot and need not be accepted as proof of a valid marriage. I.A.No.2896 of 2009 has been filed by the parties jointly to report compromise to this Court. The said verified petition has been filed by both parties and the same is duly counter signed by their respective counsel.

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We have considered all the relevant circumstances. We are satisfied that, in the facts and circumstances of this case that the joint compromise petition can be accepted and the impugned

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Mat.Appeal No.298 of 2009 2

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order can be set aside. We have gone through the nature of the materials available before coming to the conclusion that this joint compromise petition can be allowed.

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In the result:

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i) I.A.No.2896 of 2009 is allowed. The joint compromise

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petition is accepted. The joint compromise petition shall be appended to the appellate decree;

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ii) This appeal is allowed;

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iii) The impugned order is set aside. It is declared that the alleged marriage performed on 04.05.2006 is null and void as agreed by both sides.

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(R.BASANT, JUDGE)

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(M.C.HARI RANI, JUDGE)

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rtr/-

Sajna v. P.Prajeesh

Case brief

What is this about?

What did the court decide?

Sajna v. P.Prajeesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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