The High Court disposed of a matrimonial appeal on the basis that settlement was achieved before a Lok Adalat, rendering the impugned judgment and decree superseded by the pending compromise petition.
Appeal disposed of without examining merits due to settlement recorded by Lok Adalat prior to the date of hearing.
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
TUESDAY, THE 19TH DAY OF FEBRUARY 2013/30TH MAGHA 1934
Mat.Appeal.No. 501 of 2012 ()
AGAINST THE ORDER/JUDGMENT IN OP.937/2010 of FAMILY COURT, KOTTAYAM DATED 16-04-2012
APPELLANT/PETITIONER :
SIMIMOL P.C. ,AGED 34 YEARS, D/O. CHACKO, PUTHIYAMATTATHIL HOUSE, EDAPPADY P.O. AYYAMPARA KARA, MEENACHIL TALUK, KOTTAYAM.
BY ADV. SRI.P.C.HARIDAS
RESPONDENT(S)/RESPONDENTS :
1. JOSHY XAVIOUR, AGED 36 YEARS S/O. XAVIER, PERUMAPARAMBIL HOUSE, ATHIRAMPUZHA P.O. KOTTAYAM-686562
2. XAVIER , AGED 75 YEARS PERUMAPARAMBIL HOUSE, ATHIRAMPUZHA P.O., KOTTAYAM-686562
3. MARY XAVIER , AGED 60 YEARS W/O.XAVIER, PERUMAPARAMBIL HOUSE, ATHIRAMPUZHA P.O. KOTTAYAM-686562
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 19-02-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OKB.
PIUS C. KURIAKOSE & P. D. RAJAN, JJ.
Mat. Appeal No. 501 of 2012
Dated this the 19th day of February, 2013
J U D G M E N T
Pius C. Kuriakose, J.
We notice the proceedings dated 27.11.2012 issued by a Three-Member-Bench of the daily Lok Adalat recording the fact that all the issues between the parties have been settled and a compromise petition has been submitted before the Family Court, Kottayam at Ettumanoor.
The appeal is disposed of as above.
Sd/- PIUS C. KURIAKOSE, JUDGE.
Sd/- P. D. RAJAN, JUDGE.
bka/-
//True copy//
PA to Judge
SIMIMOL P C
JOSHY XAVIOUR
XAVIER
MARY XAVIER
PIUS C KURIAKOSE
P D RAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
