In this matrimonial appeal against a Family Court decree dissolving a marriage under Section 13(1)(ia) of the Hindu Marriage Act, the appellant filed a memo to withdraw the appeal which concededly was settled between the parties, resulting in the dismissal of the appeal as withdrawn.
Appeal dismissed as withdrawn by the appellant.
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 ANIL K.NARENDRAN &
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR WEDNESDAY,THE 9TH DAY OF NOVEMBER 2022/18TH KARTHIKA,1944 MAT.APPEAL NO. 1008 OF 2017
AGAINST THE JUDGMENT AND DECREE DATED 11.01.2017 IN O.P.NO.17 OF 2015 OF THE FAMILY COURT, THALASSERY APPELLANT/RESPONDENT:
VAZHAVALAPPIL BINDHU,
D/O V.V.GOVINDAN, VAZHAVALAPPIL, ARIMBRA P.O., MULLAKKODI, TALIPARAMBA TALUK, KANNUR DISTRICT, PIN-670602.
BY ADVS. SRI.P.U.SHAILAJAN SMT.D.N.NISHANI SRI.M.SURESH KUMAR SRI.V.SREEJITH
RESPONDENT/PETITIONER:
PUTHANPURAYIL CHITHRAN,
S/O A.P. SHANKARAN, PUTHANPURAYIL, KOLAVALLOOR P.O., CHERUPARAMBA, THALASSERY TALUK, KANNUR DISTRICT, PIN-670693.
BY ADVS. SRI.AKHIL S.VISHNU SRI.P.N.SUKUMARAN
THIS MATRIMONIAL APPEAL HAVING COME UP FOR FINAL HEARING ON 09.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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Mat.Appeal No.1008 of 2017
JUDGMENT
Anil K. Narendran, J.
The appellant is the respondent in O.P.No.17 of 2015 on the file of the Family Court, Thalassery. The original petition was filed by the respondent herein-husband, seeking a decree of dissolution of marriage solemnised between the parties on 14.09.2009, on the ground of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955. By judgment dated 11.01.2017, the Family Court allowed O.P.No.17 of 2015, whereby the marriage solemnised between the parties was dissolved by granting the decree. Challenging the same, this appeal is filed under Section 19(1) of the Family Courts Act, 1984.
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Mat.Appeal No.1008 of 2017
“The above Mat.Appeal is settled between the parties and the appellant is not intending to proceed with the case. So, the appellant may be permitted to withdraw the above Mat.Appeal.”
Recording the above submission in the memo, the
appeal is dismissed as withdrawn.
Sd/ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
1 issue framed by the court
Whether the matrimonial appeal under Section 19(1) of the Family Courts Act, 1984 can be allowed to be withdrawn by the appellant.
2 provisions across 2 enactments
VAZHAVALAPPIL BINDHU
PUTHANPURAYIL CHITHRAN
Anil K. Narendran
P. G. Ajithkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
