In a matrimonial appeal against an order dismissing a petition for restitution of conjugal rights, the High Court of Kerala allowed the appellant to withdraw the appeal following a recorded settlement between the parties via Section 13B.
The appeal was dismissed as withdrawn.
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
FRIDAY, THE 18TH DAY OF NOVEMBER 2022 / 27TH KARTHIKA, 1944 MAT.APPEAL NO.550 OF 2018
AGAINST THE JUDGMENT DATED 29.03.2016 IN O.P.NO.112 OF 2013 OF THE FAMILY COURT,TRIVANDRUM
APPELLANT/PETITIONER:
VIJAYASREE
AGED 37 YEARS, D/O. SYAMALA, TC.11/934(I), SREE VIHAR, NALANDA, KOWDIYAR P.O., THIRUVANANTHAPURAM.
BY ADV SMT.G.VIDYA
RESPONDENT/RESPONDENT:
AJITH KUMAR,
AGED 38 YEARS, S/O. BALAN, ARAVINDAM, KRWA-111, KONCHIRAVILA, MANACAUD, THIRUVANANTHAPURAM, PIN-695009.
BY ADV SRI.N.M.MADHU
THIS MATRIMONIAL APPEAL HAVING COME UP FOR FINAL HEARING ON 18.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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Mat.Appeal No.550 of 2018
JUDGMENT
Anil K. Narendran, J.
The appellant filed O.P.No.112 of 2013 before the Family Court, Thiruvananthapuram, seeking a decree of restitution of conjugal rights. That original petition ended in dismissal by the judgment and decree dated 29.03.2016. Feeling aggrieved, the appellant is before this Court in this appeal, invoking the provisions under Section 19(1) of the Family Courts Act, 1984.
“3. The subject matter of the above appeal has been settled between the parties. The parties filed Section 13B petition before the Family Court,
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Mat.Appeal No.550 of 2018
Thiruvananthapuram vide O.P.No.2389 of 2020 and obtained order. As per the settlement it is decided to withdraw the appeal. Hence seeking direction to withdraw the appeal.”
In such circumstances, the appeal is dismissed as withdrawn for the aforesaid reason. I.A.No.1 of 2022 is
ordered accordingly.
Sd/ANIL K. NARENDRAN, JUDGE
Sd/P.G. AJITHKUMAR, JUDGE
dkr
Vijayasree
Ajith Kumar
Anil K. Narendran
P.G. Ajithkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
