Allowed

Maimoonathal Misiriya v. a.P.Muhammed Ashraf

Kerala HC23 Nov 2012Mat.Appeal/812/2011

Case brief

AI extract

What is this about?

High Court of Kerala allowed matrimonial appeal via joint compromise petition, ordering dissolution of marriage between appellant and respondent on ground of cruelty, noting Muslim Divorce Act does not permit dissolution on ground of irretrievable break down.

What did the court decide?

Allows appeal and orders dissolution of marriage between appellant and respondent on ground of cruelty based on joint compromise petition.

Maimoonathal Misiriya Vs a.P.Muhammed Ashraf — Dowry and Cruelty | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE PIUS C.KURIAKOSE

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THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH

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FRIDAY, THE 23RD DAY OF NOVEMBER 2012/2ND AGRAHAYANA 1934

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Mat.Appeal.No. 812 of 2011 (M)

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OP.5/2011 of FAMILY COURT, THALASSERY

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APPELLANT/PETITIONER:

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MAIMOONATHAL MISIRIYA

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D/O.ABDUL KADER, AGED 20 YEARS, RABIYAS KETTINAKAM PALLI, MUZHAPPILANGAD P.O., KANNUR.

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BY ADVS.SRI.C.KHALID

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SMT.P.VANDANA

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SRI.PHIJO PRADEESH PHILIP

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RESPONDENT/RESPONDENT:

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A.P.MUHAMMED ASHRAF S/O.B.P.KHALID, AGED 30 YEARS

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ANCHUKANDI PARAKANDI HOUSE, PALLISSERY, THALASSERY-670101

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BY ADV. SRI. ABRAHAM K.JOHN BY ADV. SRI.P.K.BALAKRISHNAN

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THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 23-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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PIUS C. KURIAKOSE & BABU MATHEW P. JOSEPH, JJ.

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-----------------------------------------------Mat. Appeal No.812 of 2011

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-----------------------------------------------Dated this the 23^rd day of November, 2012

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JUDGMENT

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Pius C. Kuriakose, J

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I.A. No.2919/2012 is a joint compromise petition. We have gone through the terms of the compromise. The prayer in the compromise petition is that the appeal be allowed and the marriage between the petitioner and the respondent be dissolved in terms of the settlement.

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The Muslim Divorce Act does not contemplate dissolution of marriage on the ground of irretrievable break down. Cruelty certainly is one of the grounds. It is submitted at the Bar that the parties agree that the respondent had meted out cruelties on the appellant. We therefore, record the terms of the compromise, allow the appeal and order that the marriage between the appellant and the respondent is dissolved on the ground of cruelty. In view of the

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Mat. Appeal No.812 of 2011

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-2-

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settlement arrived at between the parties, the terms of the compromise will form part of this judgment.

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Sd/PIUS C. KURIAKOSE JUDGE

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Sd/BABU MATHEW P. JOSEPH JUDGE

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kns/-

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//TRUE COPY//

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P.A. TO JUDGE

Maimoonathal Misiriya v. a.P.Muhammed Ashraf

Case brief

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Maimoonathal Misiriya v. a.P.Muhammed Ashraf

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