The High Court at Ernakulam dismissed an appellant's matrimonial appeal for non-prosecution. The record shows the appellant died in July 2020, but no legal heirs were impleaded. The appeal dated March 2021 proceeded despite the death, leading to dismissal.
Matrimonial Appeal No. 1152 of 2015 dismissed for non-prosecution.
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.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE DR. KAUSER EDAPPAGATH
WEDNESDAY, THE 03RD DAY OF MARCH 2021 / 12TH PHALGUNA, 1942
Mat.Appeal.No.1152 OF 2015
AGAINST THE JUDGMENT DATED 28.7.2015 IN OP 40/2011 OF FAMILY COURT,THIRUVANANTHAPURAM
APPELLANT/1ST RESPONDENT:
RETHI MOHAN AGED 42 YEARS S/O.APPU PILLAI, R.R.BHAVAN, KAVALAKULAM, NEYYATTINKARA PO, NEYYATTINKARA VILLAGE, NEYYATTINKARA TALUK.
BY ADV. SRI.G.SUDHEER
RESPONDENT/PETITIONER:
SUNITHA
AGED 28 YEARS D/O.AMBIKA, PARAVILA PUTHEN VEEDU, ALATHARAKKAL, CHENKAL PO, CHENKAL VILLAGE, NEYYATTINKARA TALUK-695 121.
R1 BY ADV. SMT.M.BINDUDAS R1 BY ADV. SRI.R.T.PRADEEP
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 03.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mat.Appeal.No.1152/2015
2
JUDGMENT
Dated this the 3rd day of March 2021
A.MUHAMED MUSTAQUE, J
A memo was filed as early as on 30.9.2020 by the counsel for the respondent, reporting the death of the appellant on 13.7.2020. So far, no steps have been taken to implead the legal heirs.
Hence, this Mat.Appeal is dismissed for non
prosecution.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
Dr. KAUSER EDAPPAGATH
True copy
JUDGE
P.A. To Judge
kp
2 issues framed by the court
Whether the matrimonial appeal should be dismissed for non-prosecution due to the death of the appellant.
Whether legal heirs of the deceased appellant were impleaded in the proceedings.
Rethi Mohan
Sunitha
A.Muhamad Mustaque
Dr. Kauser Edappagath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
