The matrimonial appeal was dismissed as the court could not serve notice on the first respondent. The court presumed issues were settled or stale and closed the appeal without examining merits.
Appeal closed without examining merits of grounds raised due to non-service of notice and stale issues.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE PIUS C.KURIAKOSE
&
THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH
TUESDAY, THE 16TH DAY OF OCTOBER 2012/24TH ASWINA 1934
Mat.Appeal.No.114 of 2011 (A)
OP.413/2009 of FAMILY COURT, THIRUVALLA
APPELLANT/PETITIONER
BY ADVS.SRI.T.K.VENUGOPALAN SRI.SHIBU JOSEPH SRI.ROY THOMAS (PATHANAMTHITTA)
RESPONDENTS/RESPONDENTS:
R2 BY ADV. SRI.BABU CHERUKARA
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 16-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS C. KURIAKOSE & BABU MATHEW P. JOSEPH, JJ.
Mat. Appeal No.114 of 2011
Dated this the 16th day of October, 2012
JUDGMENT
Pius C. Kuriakose, J
It is seen that steps are not taken notwithstanding successive peremptory orders issued in this regard regarding service of notice on the first respondent. We have reason to think that the issues between the petitioner and
the first respondent have either been settled or have become stale. We close this appeal without examining the merits of the grounds raised.
Sd/-
PIUS C. KURIAKOSE
JUDGE
Sd/BABU MATHEW P. JOSEPH JUDGE
kns/-
//TRUE COPY//
P.A. TO JUDGE
-2-
SUNDU.M.T.
RAMESH R.
NATARAJAN
PIUS C. KURIAKOSE
BABU MATHEW P. JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
