The High Court of Kerala allowed a matrimonial appeal and set aside a Family Court decree for restitution of conjugal rights, as a joint petition under Section 10A of the Divorce Act had been filed. The appeal was restored to be revived if the joint petition fails.
The decree in O.P.No.380 of 2009 is set aside and the Matrimonial Appeal is allowed.
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 K.T.SANKARAN &
THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS
WEDNESDAY, THE 30TH DAY OF MAY 2012/9TH JYAISHTA 1934
Mat.Appeal.No. 390 of 2010 ( )
OP.380/2009 of FAMILY COURT, KOTTAYAM AT ETTUMANOOR
APPELLANT(S)/RESPONDENT:
MR. JOBY VARGHESE, AGED 34 YEARS, S/O.P.T. VARGHESE, PEYCKAL HOUSE, PERUMPILLY.P.O MULANTHURUTHY, ERNAKULAM DISTRICT.
BY ADV. SRI.P.M.JOSHI
RESPONDENT(S):PETITIONER
MRS. DAISY, D/O. CHACKO, AGED 29 YEARS EDAPARAMBU FROM VAYALACKAL WARD-11 POOZHIKKOLKARAYIL, POOZHIKOL.P.O MULAKKULAM PANCHAYATH, VAIKKOM, KOTTAYAM TALUK.
BY ADV. SRI.P.V.SANTHOSH JOSE BY ADV. SRI.M.G.KARTHIKEYAN
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 30-05-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MAT.APP. NO.390/2010
ORDER IN I.A.NO.1314/2010 IN MAT.APPEAL NO.390/2010
DISMISSED
30.5.2010
SD/- K.T.SANKARAN, JUDGE
SD/- M.L.JOSEPH FRANCIS, JUDGE
K.T.SANKARAN & M.L.JOSEPH FRANCIS, JJ.
Mat. Appeal No.390 of 2010
Dated this the 30th day of May, 2012
JUDGMENT
K.T.Sankaran, J.
Challenging the judgment in O.P.No.380 of 2009 on the file of the Family Court, Kottayam at Ettumanoor, the respondent therein has filed this Mat. Appeal. The Original Petition was filed by the respondent for restitution of conjugal rights. The Family Court allowed O.P.No.380 of 2009 and a
decree for restitution of conjugal rights was passed.
Mat.Appeal No.390/2010
2
If by some chance, the joint petition under Section 10(A) of the Divorce Act is not allowed due to non appearance of parties or any other cause of a like nature, the respondent in this appeal would be entitled to file a memo within 9 months from today stating those facts, in which case Mat. Appeal shall stand restored to file. It is agreed that in such a case, the decree in O.P.No.380 of 2009, Family Court, Kottayam at Ettumanoor will stand revived, subject to the decision in Mat. Appeal No.390 of 2010.
K.T.SANKARAN JUDGE
M.L.JOSEPH FRANCIS JUDGE
csl
3 issues framed by the court
Whether the decree for restitution of conjugal rights must be set aside upon filing a joint petition under Section 10A of the Divorce Act.
Whether the Matrimonial Appeal must be restored to file if the joint petition under Section 10A is not allowed.
Whether the decree for restitution of conjugal rights is revived if the joint petition under Section 10A is not allowed.
1 provisions across 1 enactments
Mr. Joby Varghese
Mrs. Daisy
K.T. Sankaran
M.L. Joseph Francis
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
