The High Court of Kerala dismissed two matrimonial appeals as not pressed by parties. This was because a joint application for divorce under Section 13B of the Hindu Marriage Act was filed and remained pending before the Family Court.
Appeals Mat. Appeal No. 433 of 2011 and Mat. Appeal No. 459 of 2009 were dismissed as not pressed.
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
MONDAY, THE 16TH DAY OF JULY 2012/25TH ASHADHA 1934
Mat.Appeal.No. 433 of 2011 (B )
OP.NO.65/2008 OF FAMILY COURT, KALPETTA
APPELLANT/PETITIONER:
SOPHIA K.S. @ SHEEBA, D/O.K.R.SASIDHARAN PILLAI, PARISONS TEA ESTATE QUARTERS THALAPUZHA P.O., THAVINHAL AMSOM MANANTHAVADY TALUK, WAYANAD DISTRICT.
BY ADVS.SRI.R.RAMADAS
SRI.T.SIVADASAN
RESPONDENT/RESPONDENT:
T.SHIBU, S/O. T.NARAYANAN, KANIYATH THAZHE HOUSE, NEAR KANIYATH SIVA TEMPLE AMBALAKOTH P.O., MEDICAL COLLEGE, KOZHIKODE, PIN-673 008.
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 16-07-2012, ALONG WITH MA.NO.459/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.T.SANKARAN & M.L.JOSEPH FRANCIS, JJ.
Mat. Appeal No. 433 of 2011 B and Mat. Appeal No. 459 of 2009 D
---------------------------------------------------Dated this the 16th day of July, 2012
JUDGMENT
K.T.Sankaran, J.
The parties in these appeals are the same and therefore, these appeals are being disposed of by this common judgment. O.P.No.65 of 2008 on the file of the Family Court, Kalpetta, was filed by the wife for declaring the marriage as null and void. The Family Court , Kalpetta, as per the order dated 18.5.2011, dismissed O.P.No.65 of 2008. Mat. Appeal No.433 of 2011 is filed by the wife challenging the order dated 18.5.2011.
Mat. Appeal No.433 of 2011 B & Mat. Appeal No. 459 of 2009 D
:: 2 ::
Accordingly, these appeals are dismissed as not pressed.
(K.T.SANKARAN) Judge
(M.L.JOSEPH FRANCIS) Judge
ahz/
1 issue framed by the court
Whether matrimonial appeals challenging the dismissal of a declaration of nullity and the allowance of restitution of conjugal rights should be disposed of given the pendency of a mutual consent divor
1 provisions across 1 enactments
Sophia K.S. @ Sheeba
T.Shibu
K.T.Sankaran
M.L.Joseph Francis
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
