The High Court of Kerala disposed of a matrimonial appeal and two original petitions filed by family court on the reported settlement between the parties, allowing withdrawal of the pending litigation as per the compromise directions.
Matrimonial appeal and original petitions disposed of as settled upon acceptance of compromise.
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.HARIPRASAD
&
THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
MONDAY, THE 02ND DAY OF MARCH 2020 / 12TH PHALGUNA, 1941
Mat.Appeal.No.150 OF 2019
AGAINST THE JUDGMENT IN OP(HMA) 754/2017 OF FAMILY COURT, PATHANAMTHITTA
APPELLANT/PETITIONER:
VISHNU VIJAY AGED 27 YEARS, S/O.VIJAYAKUMAR, GOKULAM, KALLIYOOR.P.O., PALLIMUKKU, PERINGAMALAAM
BY ADV. SMT.VIJAYAKUMARI R.
RESPONDENT/RESPONDENT:
APARNA SABU, AGED 26 YEARS, D/O.SABU, KARIMPIL HOUSE, VALIYAKAVU.P.O., RANNI.
R1 BY ADV. SRI.G.P.SHINOD R1 BY ADV. SRI.RAM MOHAN.G. R1 BY ADV. SRI.GOVIND PADMANAABHAN R1 BY ADV. SRI.AJIT G.ANJARLEKAR R1 BY ADV. HARIHARAKUMAR.C.S.
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 02.03.2020, ALONG WITH OP(FC)No.564/2019 & OP(FC)No.648/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mat.Appeal 150/2019, O.P.(FC) Nos.564 & 648/2019
-:2:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
&
THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
MONDAY, THE 02ND DAY OF MARCH 2020 / 12TH PHALGUNA, 1941
OP (FC).No.564 OF 2019
AGAINST THE ORDER IN I.A. NO.937 OF 2019 IN OP NO.376 OF 2016 OF FAMILY COURT, PATHANAMTHITTA
PETITIONERS/RESPONDENTS:
1 VISHNU VIJAY AGED 27 YEARS, S/O. VIJAYAKUMAR, GOKULAM, KALLIYOOR P.O., PALLIMUKKU, PERINGAMALAAM.
2 VIJAYAKUMAR GOKULAM, KALLIYOOR P.O., PALLIMUKKU, PERINGAMALAAM.
BY ADV. SMT.VIJAYAKUMARI R.
RESPONDENT/PETITIONER:
APARNA SABU AGED 26 YEARS, D/O. SABU, KARIMPIL HOUSE, VALIYAKAVU P.O., RANNI.
BY ADV. SRI.G.P.SHINOD
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 02.03.2020, ALONG WITH Mat.Appeal No.150/2019, OP(FC)No.648/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mat.Appeal 150/2019, O.P.(FC) Nos.564 & 648/2019
-:3:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
&
THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
MONDAY, THE 02ND DAY OF MARCH 2020 / 12TH PHALGUNA, 1941
OP (FC).No.648 OF 2019
AGAINST THE ORDER IN I.A. NO.1067 OF 2019 IN OP NO.376 OF 2016 OF FAMILY COURT, PATHANAMTHITTA
PETITIONERS/RESPONDENTS:
1 VISHNU VIJAY AGED 27 YEARS, S/O.VIJAYAKUMAR, GOKULAM, KALLIYOOR.P.O., PALLIMUKKU, PERINGAMALAAM.
2 VIJAYAKUMAR GOKULAM, KALLIYOOR.P.O., PALLIMUKKU, PERINGAMALAAM.
BY ADV. SMT.VIJAYAKUMARI R.
RESPONDENT/PETITIONER:
APARNA SABU, AGED 26 YEARS, D/O.SABU, KARIMPIL HOUSE, VALIYAKAVU.P.O., RANNI. R1 BY ADV. SRI.G.P.SHINOD R1 BY ADV. SRI.RAM MOHAN.G. R1 BY ADV. SRI.GOVIND PADMANAABHAN R1 BY ADV. SRI.AJIT G.ANJARLEKAR
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 02.03.2020, ALONG WITH Mat.Appeal No.150/2019 & OP (FC)No.564/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mat.Appeal 150/2019, O.P.(FC) Nos.564 & 648/2019 -:4:-
JUDGMENT
Dated this the 2nd day of March, 2020
A.Hariprasad, J.
The learned counsel for the respondent submitted that the disputes between the petitioners and the respondent have been settled by filing a compromise petition before Family Court, Pathanamthitta. A copy of the compromise is also produced for our scrutiny. One of the directions in the compromise is that the petitioner, who is the appellant in matrimonial appeal, shall withdraw Mat. Appeal No.150 of 2019 and O.P.(FC) No.564 of 2019, pending before this Court. All the claims have been settled between the parties.
Since the matter of settlement between the parties has been reported before this Court, we dispose of the matrimonial appeal and original petitions as settled.
Sd/-
A.HARIPRASAD JUDGE Sd/-
N.ANIL KUMAR JUDGE
vps
Mat.Appeal 150/2019, O.P.(FC) Nos.564 & 648/2019
-:5:-
APPENDIX OF OP (FC) 564/2019
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | THE COPY OF THE O.P.NO.376/2016 ON THE FILES OF FAMILY COURT, PATHANAMTHITTA. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE REPORT OF ADVOCATE COMMISSIONER DATED 1.10.2018. |
| EXHIBIT P3 | THE COPY OF THE STAY ORDER IN I.A.NO.1/2019 IN MAT.APPEAL NO.150/2019 BY THE HON'BLE HIGH COURT OF KERALA. |
| EXHIBIT P4 | COPY OF I.A.NO.937/2019 IN O.P. NO.376/2016 FILED BY THE RESPONDENT. |
| EXHIBIT P5 | COUNTER FILED BY THE PETITIONER IN I.A.NO.937/19 IN O.P.NO.376/2016. |
| EXHIBIT P6 | TRUE COPY OF THE ORDER IN IA 937/19 IN O.P.NO.376/2016 PASSED BY THE FAMILY COURT, PATHANAMTHITTA DATED 17.8.2019. |
| EXHIBIT P7 | COPY OF DEPOSITION OF THE RESPONDENT IN |
| O.P.(HMA) NO.754/17 ON THE FILES OF FAMILY COURT, PATHANAMTHITTA. |
Mat.Appeal 150/2019, O.P.(FC) Nos.564 & 648/2019
-:6:-
APPENDIX OF OP (FC) 648/2019
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE COPY OF THE O.P.NO.376/2016 ON THE FILES OF FAMILY COURT, PATHANAMTHITTA. EXHIBIT P2 THE COPY OF THE REPORT OF ADVOCATE COMMISSIONER DATED 1.10.2018. EXHIBIT P3 THE COPY OF THE STAY ORDER IN I.A.NO.1/2019 IN MAT.APPEAL. NO.150/2019 BY THE HON'BLE HIGH COURT OF KERALA. EXHIBIT P4 COPY OF I.A.NO.937/19 IN O.P. NO.376/2016 FILED BY THE RESPONDENT. EXHIBIT P5 COUNTER FILED BY THE PETITIONER IN I.A.NO.937/19 IN O.P.NO.376/2016. EXHIBIT P6 COPY OF ORDER IN I.A.NO.937/19 IN O.P.NO.376/2016 PASSED BY THE FAMILY COURT, PATHANAMTHITTA DATED 28.9.2019. EXHIBIT P7 COPY OF THE I.A.NO.1067/2019 IN O.P.NO.376/2016 ON THE FILES OF FAMILY COURT, PATHANAMTHITTA. EXHIBIT P8 TRUE COPY OF THE ORDER IN I.A.NO.1067/2019 IN O.P.NO.376/2016 ON THE FILES OF FAMILY COURT, PATHANAMTHITTA. EXHIBIT P9 COPY OF DEPOSITION OF THE RESPONDENT IN OP(HMA)NO.754/17 ON THE FILES OF FAMILY COURT, PATHANAMTHITTA.
1 issue framed by the court
Whether matrimonial appeal and original petitions can be disposed of on the reported settlement between parties.
Vishnu Vijay
Aparna Sabu
A.Hariprasad
N.Anil Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
