The High Court dismissed the matrimonial appeal for the time being due to the appellants' failure to furnish the correct address of the respondents. The court reserved reopening the matter if the appellants subsequently collect the correct address.
None; appeal closed pending submission of correct respondent addresses.
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. 697 of 2007 ( )
AGAINST THE ORDER/JUDGMENT IN OP.54/2007 of FAMILY COURT, MALAPPURAM DATED 27-09-2007
APPELLANT(S)/RESPONDENT NO.1:
K.USMAN KOYA HASSAN, S/O KOYASSAN, KOMULLI HOUSE, RESIDING AT PONGALLUR, MAMBAD P.O. MEMBAD AMSOM DESOM, NILAMBUR TALUK.
BY ADVS.SRI.K.M.SATHYANATHA MENON SMT.SMITHA S.PARAKKAL
RESPONDENT(S)/PETITIONERS & RESPONDENT NO.2:
1. MYMOONATH, D/O UMMAR KOYA, MUSALIYARAKATH HOUSE, THALAMKOLLI PARAMB, THALIPPADAM NAMBURIPPOTTI, EDAKKARAM AMSOM, NILAMBUR TALUK MALAPPURAM DIST.
2. ABDUL BASI, 2 YEARS(MINOR), S/O USMAN KOYA HASSAN, (MINOR PETITIONER IS REPRESENTED BY GUARDIAN MOTHER 1ST RESPONDENT)
3. AYSUMMA, W/O K.USMAN KOYA HASSAN, KOMULLI HOUSE, RESIDING AT PONGALLUR, MAMBAD P.O. MAMBAD AMSOM, DESOM, NILAMBUR TALUK.
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. 697 of 2007 -------------------------------------------------Dated this the 19th day of February, 2013
J U D G M E N T
Pius C. Kuriakose, J.
This Court, by order dated 26.11.2012, directed the appellants to furnish the correct address of respondents within five days. It is seen that no correct address has been furnished by the appellants. But, the appellants remitted process in the old address.
We close this appeal for the time being. Once the present correct address of the respondents is collected by the appellants, they can file an IA for reopening the appeal.
Sd/- PIUS C. KURIAKOSE, JUDGE.
Sd/- P. D. RAJAN, JUDGE.
bka/-
//True copy//
PA to Judge
2 issues framed by the court
Whether the matrimonial appeal can be heard when the appellants have failed to furnish the correct address of the respondents.
Whether the appeal can be reopened once the appellants collect the correct address of the respondents.
K. USMAN KOYA HASSAN
MYMOONATH
ABDUL BASI
AYSUMMA
PIUS C. KURIAKOSE
P. D. RAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
