Remanded

Treasa Bency @ Bency N.L., v. Dr. Preceline George @ Antony Preceline George

Kerala HC27 Sept 2021Mat.Appeal/516/2021

Case brief

AI extract

What is this about?

This court considered whether a suit for money recovery lies after a marriage is declared void and if an existing maintenance order grant restitution rather than a separate suit. The court granted an absolute stay against the execution of the impugned decree.

What did the court decide?

Absolute stay against the execution of the impugned decree and judgment.

Treasa Bency @ Bency N.L., Vs Dr. Preceline George @… — Execution and Attachment | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

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MONDAY, THE 27TH DAY OF SEPTEMBER 2021 / 5TH ASWINA, 1943
MAT.APPEAL NO. 516 OF 2021

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AGAINST THE ORDER/JUDGMENT IN OP 1621/2016 OF FAMILY

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COURT,ERNAKULAM, ERNAKULAM

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APPELLANT/RESPONDENT:

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TREASA BENCY @ BENCY N.L., AGED 36 YEARS, D/O.LATE
LONAPPAN, NAISSERY HOUSE, NO.2391/60, VADHYAR ROAD,
KALOOR, ERNAKULAM.

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BY ADV K.V.BHADRA KUMARI

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RESPONDENT/PETITIONER:

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DR. PRECELINE GEORGE @ ANTONY PRECELINE GEORGE,
AGED 39 YEARS, S/O A.T.GEORGE, ARAKKAL HOUSE,
H.NO.36/3137, KATHRUKADAVU, KALOOR P.O., ERNAKULAM,
COCHIN-17.

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THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON
27.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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MAT.APPEAL NO. 516 OF 2021

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J U D G M E N T

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A.Muhamed Mustaque, J

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The appellant is the respondent in a suit for recovery of money. The marriage between the appellant and respondent has been declared as null and void. Consequent upon the declaration, the respondent instituted a petition for recovery of money to reclaim the past maintenance paid to the appellant.

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One of the grounds urged by the appellant before this Court is that no suit for such recovery would lie after declaration of the marriage as null and void. It is further submitted that the amount due is barred. It is also submitted that the amount paid towards the maintenance is pursuant to an order of the Court. Therefore, the remedy is to seek restitution and not by filing a separate petition. We find that the appellant has made out a strong case for absolute stay. Accordingly, we grant absolute stay against the execution of the impugned decree and judgment.

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The Mat. Appeal is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE, JUDGE

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Sd/-

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DR. KAUSER EDAPPAGATH, JUDGE

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Treasa Bency @ Bency N.L., v. Dr. Preceline George @ Antony Preceline George

Case brief

What is this about?

What did the court decide?

Treasa Bency @ Bency N.L., v. Dr. Preceline George @ Antony Preceline George

Case brief

What is this about?

What did the court decide?

What the court decided

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