The High Court of Kerala dismissed the matrimonial appeal as unnecessary on merits, directing parties to file a joint divorce petition before the Family Court instead.
Appeal dismissed; direction to file joint divorce petition before Family Court.
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 A.M.SHAFFIQUE & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
MONDAY, THE 20TH DAY OF FEBRUARY 2017/1ST PHALGUNA, 1938
Mat.Appeal.No. 424 of 2014 ()
AGAINST THE JUDGMENT IN OP 288/2013 of FAMILY COURT, PALA DATED 1801-2014
APPELLANT(S)/PETITIONER:
BIJU MATHEW(VARKEY) S/O. MATHEW,AGED 41, POTHANICKAL HOUSE, KALATHOOR.P.O., KALATHOOR KARA, KANAKKARI VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT.
BY ADVS.SRI.M.RAMASWAMY PILLAI SRI.P.M.JOSEPH SMT.PREETHY R. NAIR
RESPONDENT/RESPONDENT:
PRASHEELDA(SHINY), AGED 32 YEARS, D/O. JAMES, PERIYANCHIRAKONATHMELE PUTHEN VEEDU, THUNDATHIL.P.O., THIRUVANANTHAPURAM DISTRICT-695003.
R1 BY ADV. SMT.SAJITHA.S.DHARAN
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 2002-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
A.M. SHAFFIQUE & K.RAMAKRISHNAN, JJ.
=========================== Mat.Appeal No. 424 of 2014
==================
Dated this, the 20th day of February, 2017
J U D G M E N T
Shaffique, J.
It is submitted by the learned counsel appearing on either side that the parties have decided to file a joint petition for divorce. They have also filed IA No.610/17 before this Court.
Accordingly, this Mat.Appeal is dismissed reserving right of the parties to approach the Family Court to file a joint petition for divorce.
Sd/-
A.M. SHAFFIQUE, JUDGE
Sd/- K.RAMAKRISHNAN, JUDGE
Rp20/2/2017
//True Copy//
P.S to Judge
1 issue framed by the court
Whether the matrimonial appeal requiring divorce proceedings should be disposed off by directing the parties to file a joint petition for divorce before the Family Court.
BIJU MATHEW(VARKEY)
PRASHEELDA(SHINY)
A.M. SHAFFIQUE
K.RAMAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
