The High Court of Kerala disposed of a matrimonial appeal filed by a husband challenging the Family Court's dismissal of his divorce petition and allowance of the wife's maintenance claim. Upon receiving a certificate of settlement and confirmation that the parties are now residing together, the appeal was disposed of without moving to the merits.
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 16TH DAY OF SEPTEMBER 2022/25TH BHADRA, 1944
MAT.APPEAL NO. 570 OF 2017
AGAINST THE ORDER DATED 23.01.2017 IN O.P.NO.700 OF 2014
OF THE FAMILY COURT, THRISSUR
APPELLANT/PETITIONER:
SURENDRAN, AGED 42 YEARS
S/O.APPUKUTTAN, KODAKKATTU PARAMBU HOUSE,
THAIKKAD P.O., CHAVAKKAD TALUK, THRISSUR.
BY ADV SRI.M.PREMCHAND
RESPONDENT/RESPONDENT:
BABITHA, AGED 33 YEARS, D/O.KONNADATH CHATHU,
NEAR AYIRAMKANNY BHAGAVATHY TEMPLE VILLGE & PO
ENGANDIYUR, CHAVAKKAD TALUK-680615.
BY ADVS.SMT.R.RAJITHA
SRI.SANTHOSH P.PODUVAL
SMT.VINAYA V.NAIR
THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION
ON 16.09.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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Mat.Appeal No.570 of 2017
JUDGMENT
Anil K. Narendran, J.
The appellant-husband filed O.P.No.700 of 2014 before the Family Court, Thrissur, seeking a decree of divorce. The respondent herein-wife, along with the minor children, filed M.C.No.26 of 2016 claiming maintenance. The Family Court, by the common order dated 23.01.2017 dismissed O.P.No.700 of 2014 and allowed M.C.No.26 of 2016 thereby directing the appellant to pay monthly maintenance at the rate of Rs.3,000/- to the respondent-wife and at the rate of Rs.1,500/- each to the minor children. Challenging the dismissal of O.P.No.700 of 2014 by the order dated 23.01.2017, the appellant is before this Court in this appeal invoking the provisions under Section 19 of the Family Courts Act, 1984. This appeal has been filed along with an application to condone the delay of 66 days in filing the appeal.
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Mat.Appeal No.570 of 2017
In such circumstances, recording the fact that the parties have settled the entire dispute and at present, they are residing together along with the minor children, this appeal is disposed of.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
AV/17/09
1 issue framed by the court
Whether the matrimonial appeal should be allowed when the parties have settled the dispute and are residing together.
Surendran
BABITHA
Anil K. Narendran
P.G. Ajithkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court