The High Court of Kerala dismissed a matrimonial appeal because the reference to the Lok Adalath was passed without noticing the delay in filing the appeal. The Court closed the matter without examining merits due to lack of representation and ongoing trial elsewhere.
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 P.D.RAJAN
WEDNESDAY, THE 13TH DAY OF FEBRUARY 2013/24TH MAGHA 1934
Mat.Appeal.No. 102 of 2011 ( )
I.A. NO.2852/2010 IN O.P. NO.600/2010 OF FAMILY COURT, ERNAKULAM.
APPELLANT/PETITIONER/RESPONDENT IN OP :
BABUKUTTAN PILLAI, AGED 50, S/O.KUNJIKRISHNA PILLAI, AYINIKKATTU VEEDU, KIDANGAYAM, NORTH MYNAGAPPILLY, KARUNAGAPPILLY KOLLAM DISTRICT.
BY ADV. SRI.DENIZEN KOMATH.
RESPONDENT/RESPONDENT/PETITIONER IN OP:
ANITA KESAVADAS, AGED 42, D/O.KESAVADAS, RESIDING AT SRIVANI, PERANDOOR ROAD, KALOOR, COCHIN-17.
BY ADV. SRI.T.M.RAMAN KARTHA.
THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 13-02-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
PIUS C. KURIAKOSE & P. D. RAJAN, JJ.
Mat. Appeal No.102 of 2011
Dated this the 13th day of February, 2013
JUDGMENT
Pius C. Kuriakose, J
This case was referred to the Lok Adalath on 27/11/2012 along with a few other connected matters. However, the above order of reference was passed without noticing the fact that there is delay in filing the appeal. It is accordingly that this case alone is posted before us today. No representation for the appellant. It is submitted by the learned counsel for the respondent that trial in the main OP is now proceeding before the Family Court. For all these reasons we close this appeal without examining the merits of the grounds raised.
Sd/PIUS C. KURIAKOSE JUDGE
Sd/P. D. RAJAN JUDGE
kns/-
//TRUE COPY//
P.A. TO JUDGE
-2-
Babukutthan Pillai
Anita Kesavadas
Pius C. Kuriakose
P. D. Rajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
