In this matrimonial appeal, appellants secured an out-of-court settlement and withdrew the appeal challenging the Family Court's decree regarding maintenance and gold ornaments, leading to the appeal being dismissed.
Appeal dismissed as withdrawn; stay on execution of decree vacated.
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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
TUESDAY, THE 22ND DAY OF NOVEMBER 2022 / 1ST
AGRAHAYANA, 1944
MAT.APPEAL NO.645 OF 2015
AGAINST THE ORDER DATED 31.07.2014 IN O.P.NO.244 OF
2013 ON THE FILES OF THE FAMILY COURT, THODUPUZHA
APPELLANTS:
1 ABDUL KAREEM,
AGED 62 YEARS,
THEKKEMURANJOOR HOUSE, KANJAR KARA, KANJAR,
(KUDAYATHOOR) VILLAGE, THODUPUZHA TALUK
2 SABOORA,
AGED 55 YEARS,
W/O. ABDUL KAREEM, THEKKEMURANJOOR HOUSE,
KANJAR KARA, KANJAR, (KUDAYATHOOR) VILLAGE,
THODUPUZHA TALUK
BY ADV SRI.RAJESH VIJAYAN
RESPONDENT:
SHYMOL,
AGED 27 YEARS,
D/O. SALIM, PUTHENVEETTIL HOUSE, EDAVETTY
KARA, KARIKKODU VILLAGE, THODUPUZHA TALUK, PIN
– 686 610
BY ADV SRI.LATHEESH SEBASTIAN
THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION
ON 22.11.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
Mat. Appeal No.645 of 2015
JUDGMENT
Anil K. Narendran, J.
The appellants are respondents 2 and 3 in O.P.No.244 of 2013 on the files of the Family Court, Thodupuzha which is one filed by the respondent herein-wife seeking past maintenance and realization of value of gold ornaments alleged to have been misused by the appellants herein. By the order dated 31.07.2014, the Family Court, Thodupuzha allowed that original petition filed for recovery of 50 sovereigns of gold ornaments given at the time of marriage and Rs.5,00,000/- given as the family share of the respondent herein. Feeling aggrieved by the order of the Family Court, the appellants filed this appeal, invoking the provisions under Section 19(1) of the Family Courts Act, 1984. The appeal was filed along with an application for condonation of delay, which was condoned by the order dated 24.07.2015, on payment of a cost of Rs.1,000/-.
an interim stay against execution of the decree in O.P.No.244
3
Mat. Appeal No.645 of 2015
of 2013 dated 31.07.2014 of the Family Court, Thodupuzha, pending disposal of the appeal, subject to condition of the appellants furnishing security for the decree amount to the satisfaction of the Family Court. This Court has also directed that the Family Court will be at liberty to accept the property under attachment as security, if it is satisfied with respect to sufficiency of the valuation.
learned counsel for the appellants, this appeal is dismissed as withdrawn.
Consequently, the order of stay granted in I.A.No.2334
of 2015 (I.A.No.2 of 2015) will stand vacated.
Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
P.G. AJITHKUMAR, JUDGE
MIN
1 issue framed by the court
Whether the matrimonial appeal, based on a settlement reached by the appellants, should be dismissed.
1 provisions across 1 enactments
Abdul Kareem
Saboora
Shymol
Anil K. Narendran
P.G. Ajithkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court