In this matrimonial appeal, the High Court of Kerala upheld the Family Court's judgment allowing recovery of amounts from gold ornaments sold and pledged by the family. The appellate court found the lower court's findings on facts were supported by evidence and not perverse.
The appeal was dismissed with no costs.
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 P.SOMARAJAN
MONDAY, THE 24TH DAY OF SEPTEMBER 2018 / 2ND ASWINA, 1940
Mat.Appeal.No. 290 of 2011
AGAINST THE JUDGMENT IN OP(OS) 556/2008 of FAMILY COURT, ALAPPUZHA DATED 25-01-2011
APPELLANT/RESPONDENT:
PRASANTH, AGED 36 YEARS, S/O. RAMACHANDRAPANICKER, SANTHINIVAS, CHARAMANGALAM MURI, MUHAMMA P.O., ALAPPUZHA.
BY ADV. SMT.K.V.RESHMI
RESPONDENT/PETITIONER:
RESHMI R.NAIR, AGED 28 YEARS, D/O. RADHAKRISHNAN NAIR, VAREKKATTU HOUSE,, KALAVAMKODU POST, CHERTHALA, PIN - 688 524.
BY ADVS. SRI.P.KRISHNA KUMAR (ALAPPUZHA) SRI.P.V.THOMAS (PUNNASSERRY) SRI.SUNIL J.CHAKKALACKAL
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 24.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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Mat.A.No.290/2011
JUDGMENT
SHAFFIQUE, J
This appeal has been filed by the respondent in O.P.(OS)No.556/2008 by which the Family Court had allowed part of the claims of the respondent herein.
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finding which is neither perverse nor illegal, we don't think that we should interfere with the said finding on fact.
There is no reason to interfere with the judgment of the Family Court invoking the appellate jurisdiction. There is no perversity in the judgment of the Family Court. The appeal is dismissed. No costs.
Sd/-
A.M.SHAFFIQUE
JUDGE Sd/-
P.SOMARAJAN
kp
JUDGE
True copy P.A. To Judge.
2 issues framed by the court
Whether the appellate court should interfere with the Family Court's findings regarding the sale of gold ornaments and the return of pledged amounts.
Whether the evidence produced by the Bank and the inconsistencies in the appellant's evidence justify the lower court's order.
Prasanth
Reshmi R. Nair
A.M. ShaFFIQUE
P. Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
