Dismissed

Ashif Mehathab T P v. Shifteena K P

Kerala HC13 Mar 2018Mat.Appeal/190/2018

Case brief

AI extract

What is this about?

The Kerala High Court held that a matrimonial appeal against a consent decree is not maintainable. The court ruled that subsequent marital events like remarriage and its dissolution do not affect the appeal's maintainability but can provide a fresh cause of action for a new petition.

What did the court decide?

The appeal and the petition to condone delay were dismissed as they were not maintainable.

Ashif Mehathab T P Vs Shifteena K P — Child Custody and Guardianship | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

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THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH

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TUESDAY, THE 13TH DAY OF MARCH 2018 / 22ND PHALGUNA, 1939

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AGAINST THE ORDER/JUDGMENT IN OA 1/2014 of FAMILY COURT,KOZHIKODE DATED 15-03-2014

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APPELLANT(S)/PETITIONER

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ASHIF MEHATHAB T P., AGED 35 YEARS, S/O. M. K. C. KUTTIALI, PAVIN VILAYIL, PERAMBRA BYE PASS ROAD, MENHANNYAM AMSOM & DESOM, KOYILANDI TALUK, NOW RESIDING AT PEARL PARK RESIDENCY, K. T. C APARTMENT, OAVANNA, ODUMBRA, KOZHIKODE DISTRICT, PIN-673521.

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BY ADV.SRI.M.G.SREEJITH

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RESPONDENT(S)/RESPONDENT :

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SHIFTEENA K P., AGED 31 YEARS, D/O. ABOOBACKER, METHOTTE THAZHAM, 19/1246, KOMMERI P.O., PANNIYANKARA AMSOM & DESOM, KOZHIKODU TALUK, NOW RESIDING AT DOOR NO. XVI/247 A, ELATHUR KATTIL P.O., ELATHUR, PIN-673303.

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R. BY ADV. SRI.V.G.ARUN R. BY ADV. SRI.T.R.HARIKUMAR R. BY ADV. SRI.ADITHYA RAJEEV

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THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 13-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Mat.Appeal.No. 190 of 2018

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APPELLANT(S)' ANNEXURES:

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ANNEXURE A1: ORDER DATED 15.3.2014 IN O.A.NO.1 OF 2014 ON THE FILE OF THE HON'BLE FAMILY COURT, KOZHIKODE.

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ANNEXURE A1(a) DECREE DATED 15.3.2014 IN O.A.NO.1 OF 2014 ON THE FILE OF THE HON'BLE FAMILY COURT, KOZHIKODE

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ANNEXURE A2: TRUE PHOTOCOPY OF THE CERTIFICATE OF MARRIAGE DATED 26.4.2017 ISSUED BY MARRIAGE OFFICER, MEENCHANDA

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SHG/

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V. CHITAMBARESH & K.P. JYOTHINDRANATH, JJ.

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- - - - - - - - - - - - - - - - - - - - - - -

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C.M.A.No.539 of 2018

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Mat. Appeal No.190 of 2018

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- - - - - - - - - - - - - - - - - - - - - - -

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Dated this the 13^th day of March, 2018

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J U D G M E N T

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Chitambaresh, J.

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O.A. No.1/2014 was disposed of by the Family Court, Kozhikode on the basis of a joint statement filed by the husband and wife (appellant and respondent). The joint statement also provided for custody of the minor child – Rawha Zanoobiya.

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The appellant submits that the respondent has remarried on 14.5.2014. But then the respondent submits that even the second marriage has been dissolved on 4.12.2017.

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We hold that the appeal is not maintainable against a consent decree. The second marriage and its subsequent dissolution are matters for evidence. That may provide a fresh cause of action for the husband. Orders pertaining to custody of child are always temporary in nature.

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We therefore dismiss the appeal and the petition to

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C.M.A.No.539 of 2018 & Mat. Appeal No.190 of 2018 2

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condone delay as not maintainable. This will not disable the husband from for moving the Family Court afresh for guardianship/custody of the child.

Sd/-

V. CHITAMBARESH

JUDGE

Sd/-

K.P. JYOTHINDRANATH JUDGE

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shg/

Ashif Mehathab T P v. Shifteena K P

Case brief

What is this about?

What did the court decide?

Ashif Mehathab T P v. Shifteena K P

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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