High Court disposed of two interconnected matrimonial appeals. The divorce appeal was dismissed as withdrawn. The money-related appeal was disposed of as settled with recorded satisfaction of the underlying family court decree.
Appeal No. 552 dismissed as withdrawn; Appeal No. 889 disposed of as settled with satisfaction recorded.
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
THURSDAY, THE 19TH DAY OF JULY 2012/28TH ASHADHA 1934
Mat.Appeal.No. 552 of 2011 (B)
OP.NO.1140/2004 OF FAMILY COURT, ERNAKULAM
APPELLANT/RESPONDENT:
MARY SINDHU, D/O.CLEMENT, AGED 32 YEARS, MANAYIL HOUSE, GOLDEN STREET ROAD P.O.VADUTHALA, KOCHI - 682 023.
BY ADVS.SRI.K.A.SALIL NARAYANAN SRI.NELSON J.MANAYIL
RESPONDENT/PETITIONER:
VINU MARTIN @ ROCKY VINCENT, AGED 38 YEARS, S/O.E.R.MARTIN, EAZHUTHAICKAL HOUSE SHANTHIPURAM ROAD, PALARIVATTOM, KOCHI - 25.
BY ADV. SRI.S.SREEKUMAR BY ADV. SRI.P.MARTIN JOSE BY ADV. SRI.P.PRIJITH
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 19-07-2012, ALONG WITH MA. 889/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.T.SANKARAN & M.L.JOSEPH FRANCIS, JJ.
---------------------------------------------------Mat. Appeal Nos.552 & 889 of 2011 ---------------------------------------------------Dated this the 19th day of July, 2012
JUDGMENT
K.T.Sankaran, J.
The parties in both the Matrimonial Appeals are substantially the same and the disputes are interconnected. Accordingly, these appeals are disposed of by this common judgment.
Mat. Appeal Nos.552 & 889 of 2011
:: 2 ::
allowed the Original Petition, which is under challenge in Mat. Appeal No.552 of 2011 filed by the wife.
The learned counsel submitted that all the amounts payable under the decree in O.P.No.1341 of 2004 were satisfied and the wife does not want to claim any amount further. The learned counsel for the respondent in Mat. Appeal No.889 of 2011 submitted that full
Mat. Appeal Nos.552 & 889 of 2011
:: 3 ::
satisfaction of the decree in O.P.No.1341 of 2004 may be recorded. Accordingly, Mat. Appeal No.889 of 2011 is disposed of as settled
out of Court and full satisfaction of the decree in O.P.No.1341 of
2004, Family Court, Ernakulam, is recorded.
(K.T.SANKARAN) Judge
(M.L.JOSEPH FRANCIS) Judge
ahz/
2 issues framed by the court
Whether the matrimonial appeal relating to the grant of divorce should be maintained given the withdrawal.
Whether satisfaction of the underlying decree for money and ornaments should be recorded given the out-of-court settlement.
Mary Sindhu
Vinu Martin
K.T.Sankaran
M.L.Joseph Francis
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
