The High Court of Kerala dismissed an appeal against the Family Court's order denying maintenance and return of gold ornaments, upholding the finding that no valid marriage existed due to a prior undissolved marriage.
Matrimonial appeal dismissed with no claim for maintenance or return of gold ornaments.
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 6TH DAY OF MARCH 2017/15TH PHALGUNA, 1938
Mat.Appeal.No. 68 of 2006 ( )
AGAINST THE ORDER IN OP 64/2000 of FAMILY COURT,THRISSUR DATED 26-122005
APPELLANT/PETITIONER::
SANTHA, W/O. PRAKASAN @ SATHYAPRAKASAN, D/O. VALIYAPARAMBIL CHAMI, MURIYAD VILLAGE,, MUKUNDAPURAM TALUK.
BY ADV. SRI.T.N.MANOJ
RESPONDENT(S)/RESPONDENT::
PRAKASAN @ SATHYAPRAKASAN, BARBAR, S/O. KELAMPARAMBIL UNNI, KALLUKUTHI DESOM,, P.O. MELUR, MELUR VILLAGE, MUKUNDAPURAM TALUK.
BY ADV. SRI.G.SREEKUMAR (CHELUR)
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 0603-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
A.M. SHAFFIQUE & K.RAMAKRISHNAN, JJ.
=========================== Mat.Appeal No.68 of 2006
==================
Dated this, the 6th day of March, 2017
J U D G M E N T
Shaffique, J.
This appeal is filed by the petitioner in OP No.64/2000 by which the Family Court, Thrissur had dismissed a petition filed by her for return of gold ornaments and for past and future maintenance.
Mat.Appeal No.68/06
-:2:-
maintenance @`1,500/- per month and also return of gold ornaments.
Mat.Appeal No.68/06
-:3:-
appellant and the respondent. It was found on the basis of evidence made available that the appellant had married another person earlier and a daughter was born to them. That marriage was not dissolved and therefore the alleged marriage on 26/8/1982 was not believable.
Sd/-
A.M. SHAFFIQUE, JUDGE
Sd/- K.RAMAKRISHNAN, JUDGE
Rp7/3/2017
//True Copy//
P.S to Judge
3 issues framed by the court
Whether the High Court should interfere with the Family Court finding that there was no valid marriage due to prior undissolved marriage.
Whether the High Court should allow the appeal for return of gold ornaments and maintenance.
Whether the appellant had established a prima facie case for matrimonial relief.
SANTHA, W/O. PRAKASAN @ SATHYAPRAKASAN
PRAKASAN @ SATHYAPRAKASAN
A.M. SHAFFIQUE
K. RAMAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
