Disposed

Muhammedkunhi Kavumchira v. Anchilathu Ramseena

Kerala HC12 Jul 2021Mat.Appeal/278/2021

Case brief

AI extract

What is this about?

The High Court dismissed the appellant's grievance regarding disproportionate property attachment in a matrimonial dispute. It directed the Family Court to appoint an Advocate Commissioner to value properties and release those not essential for satisfying the decree, keeping under review the situation for the sister's medical needs.

What did the court decide?

Order rendered casting Family Court to appoint Advocate Commissioner to assess property values and release properties not essential for decree satisfaction.

Muhammedkunhi Kavumchira Vs Anchilathu Ramseena — Matrimonial and Divorce | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶4

¶5

THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

¶6

MONDAY, THE 12^TH DAY OF JULY 2021 / 21ST ASHADHA, 1943

¶7

MAT.APPEAL NO. 278 OF 2021

¶8

AGAINST THE ORDER DATED 5.3.2021 IN OP 149/2021 OF FAMILY

¶9

COURT, KASARGOD

¶10

APPELLANT/RESPONDENT:

¶11

MUHAMMEDKUNHI KAVUMCHIRA AGED 46 YEARS S/O SK ABDULKHADER, DHARUL LAND, NELLICKAL THURUTHI P.O.CHERUVATHOOR-671 313.

¶12

BY ADVS.

¶13

UNNI. K.K. (EZHUMATTOOR) SRI.PRAFIN JOSEPH ZACHARIA

¶14

RESPONDENT/PETITIONER:

¶15

ANCHILATHU RAMSEENA AGED 32 YEARS W/O MUHAMMEDKUNHI, S.A MANZIL, NELLICKAL, THURUTHI, CHERUVATHOOR-671 313.

¶16

BY ADV SURESH KUMAR KODOTH

¶17

THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON

¶18

12.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶19

Mat.Appeal No.278/2021

¶20

-:2:-

¶21

J U D G M E N T

¶22

Dated this the 12^th day of July, 2021

¶23

A.Muhamed Mustaque,J.

¶24

The appellant has approached this Court aggrieved by the attachment of the property before judgment. According to the appellant, the total claim of the respondent is only Rs.4 lakhs and the properties worth Rs.4 crores have been attached. It is submitted that some of the properties have to be released immediately to meet the medical expenses of the appellant's sister as his sister has been advised to undergo kidney transplantation.

¶25

We heard the learned counsel for the respondent as well.

¶26

Having considered the limited request, we are of the view that the Family Court shall depute an Advocate Commissioner to assess the value of the properties involved. The petitioner shall pay the Commission Batta. Thereafter, based on the valuation made by the Advocate Commissioner, the court shall consider the request for releasing the property. It is

¶27

Mat.Appeal No.278/2021

¶28

-:3:-

¶29

made clear that the Family Court shall order release of such property which is not required to meet any eventual decree to be passed in the matter. The Family Court shall post all the cases relating to the parties, where ever attachments are pending and take appropriate decision taking note of the nature of claim in all such cases and the decree to be passed in the said matters. Parties are directed to appear before the Family Court on 22.7.2021. On that day the Family Court shall post all cases and pass orders appointing Advocate Commissioner. The Commissioner shall file a report within ten days and thereafter, appropriate orders shall be passed on or before 6.8.2021.

¶30

The appeal is disposed of.

¶31

A.MUHAMED MUSTAQUE

¶32

JUDGE sd/-

¶33

DR. KAUSER EDAPPAGATH

¶34

JUDGE

¶35

kp True copy

¶36

P.A. To Judge

Muhammedkunhi Kavumchira v. Anchilathu Ramseena

Case brief

What is this about?

What did the court decide?

Muhammedkunhi Kavumchira v. Anchilathu Ramseena

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Dr.Athira Mrinal @ Athira Krishnann Vs Dr. Mrinal S. Pillai @ Dr.Mrinal Sivadasan Pillai

Julius Vs Reena Julius

Julius John Vs Reena Julius

Vijayakumar Vs Sheela Devi

S.Veena Vs Jayakumar

Benny Vs Riya