In this matrimonial appeal against a decree for restitution of conjugal rights, the Court disposed of the matter on the submission that the Family Court of Thrissur had already granted a decree of divorce by mutual consent under Section 13B of the Hindu Marriage Act during the appeal's pendency.
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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 14TH DAY OF SEPTEMBER 2022/23RD BHADRA, 1944
MAT.APPEAL NO. 1042 OF 2016
AGAINST THE ORDER DATED 30.05.2016 IN O.P.NO.880 OF 2015
OF THE FAMILY COURT, THRISSUR
APPELLANT/PETITIONER:
SUMA, D/O SETHUMADHAVAN, PUTHANVEETTIL HOUSE,
MAYANOOR, THALAPPILLY TALUK, THRISSUR DISTRICT
BY ADV SRI.P.JAYARAM
RESPONDENT/RESPONDENT:
SOMAKUMAR, S/O V.M.ACHUTHAN NAIR, VELATHODIMANGAT
HOUSE, P.O.MAYANOOR, THALAPPILLY TALUK, THRISSUR
DISTRICT-679105
BY ADVS.SRI.ARUN KUMAR.P
SMT.AMBIKA RADHAKRISHNAN
SRI.THIYYANNOOR RAMAKRISHNAN
THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION
ON 14.09.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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Mat.Appeal No.1042 of 2016
JUDGMENT
The appellant is the respondent in O.P.No.880 of 2015 on the file of the Family Court, Thrissur, a petition filed by the respondent-husband seeking restitution of conjugal rights or a decree of divorce in the alternative. In that original petition, the petitioner-wife was remained absent and an ex parte decree for restitution of conjugal rights was granted. Challenging the judgment and decree dated 30.05.2016 of the Family Court, Thrissur in O.P.No.880 of 2015, the appellant is before this Court in this appeal invoking the provisions under Section 19(1) of the Family Courts Act, 1984.
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Mat.Appeal No.1042 of 2016
appellant that during the pendency of this appeal, the parties have moved a petition under Section 13B of the Hindu Marriage Act, 1955, in which the Family Court, Thrissur has already granted decree of divorce by mutual consent.
Recording the fact that the Family Court, Thrissur has already granted a decree of divorce under Section 13B of the Hindu Marriage Act, dissolving the marriage by mutual consent, this appeal is disposed of.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
AV/15/9
1 issue framed by the court
Whether a matrimonial appeal regarding restitution of conjugal rights is maintainable when the trial court has already granted a decree of divorce by mutual consent during the appeal's pendency.
2 provisions across 2 enactments
SUMA
SOMAKUMAR
ANIL K NARENDRAN
P.G. AJITHKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court