In a wife maintenance execution matter, the appellant challenged the trial court for not accepting bank statements as proof of full settlement payment. The High Court held the trial court right in directing execution as the documents failed to prove payment of the specific lump sum to the wife.
Appeal dismissed with cost of Rs.10,000/- to be paid to the wife.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA WEDNESDAY, THE 15TH DAY OF NOVEMBER 2023 / 24TH KARTHIKA, 1945 MA (EXE.) NO. 6 OF 2023
AGAINST THE ORDER/JUDGMENT IN EP 86/2017 IN OP 1120/2012 OF FAMILY COURT,THIRUVANANTHAPURAM
APPELLANT/JUDGMENT DEBTOR IN EP:
K. T. THOMAS
AGED 55 YEARS, S/O. K. T. THOMAS,
DOOR NO. 7-A2, ABM TOWERS, KADAVANTHARA PO,
ERNAKULAM, COCHIN-682020, KANAYANNUR TALUK,
ERNAKULAM DISTRICT, EARLIER WORKED AT,
KARAMA CENTRE, KARAMA PO, BOX: 117362, DUBAI, UAE.
BY ADV SURAJ.S
RESPONDENTS/DECREE HOLDERS IN EP:
1EMILY SAM THOMAS
AGED 53 YEARS, D/O. M. V. SAMUEL,
MULAMOOTTIL HOUSE, BAPUJI NAGAR, MEDICAL COLLAGE P.O.,
THIRUVANANTHAPURAM, NOW AT FLAT NO. 4-B, 4TH FLOOR,
LASAN LAVANYA, NO. 16/10, TEMPLE AVENUE, SRINAGAR COLONY,
SAIDAPET, CHENNAI-600015, AND NOW SHIFTED RESIDENCE TO
A1,1ST FLOOR, BOGANRAM APARTMENT, WEST CIT NAGAR ROAD,
ANDRA CHAMBER OF COMMERCE, CIT NAGAR WEST, CIT
NAGAR,CHENNAI, PIN-600035 TAMIL NADU.
2 DINA THOMAS
AGED 26 YEARS, D/O. K. T. THOMAS,
MULAMOOTTIL HOUSE, BAPUJI NAGAR, MEDICAL COLLAGE P.O.,
THIRUVANANTHAPURAM, NOW AT FLAT NO. 4-B, 4TH FLOOR,
LASANLAVANYA, NO. 16/10, TEMPLE AVENUE, SRINAGAR COLONY,
SAIDAPET, CHENNAI-600015, F2 IST FLOOR, AVR ENCLAVE,
CHANDRASEKHAR NAGAR, 2ND STREET, OKKIYAM, THORAIPAKKAM,
CHENNAI-600097, TAMIL NADU.
MA (EXE.) NO. 6 OF 2023
2
3EYENA THOMAS
AGED 24 YEARS, D/O. K. T. THOMAS, MULAMOOTTIL
HOUSE, BAPUJI NAGAR, MEDICAL COLLAGE PO,
THIRUVANANTHAPURAM, NOW AT FLAT NO. 4-B, 4TH FLOOR,
LASANLAVANYA, NO. 16/10, TEMPLE AVENUE, SRINAGAR
COLONY, SAIDAPET, CHENNAI-600015, AND NOW SHIFTED
RESIDENCE TO A1,1ST FLOOR, BOGANRAM APARTMENT, WEST
CIT NAGAR ROAD, ANDRA CHAMBER OF COMMERCE, CIT
NAGAR WEST, CIT NAGAR, CHENNAI, PIN - 600035, TAMIL
NADU.
BY ADV AJIT JOY
THIS MAT APPEAL (EXECUTION) HAVING BEEN FINALLY HEARD ON
15.11.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MA (EXE.) NO. 6 OF 2023
3
JUDGMENT
Amit Rawal, J.
MA (EXE.) NO. 6 OF 2023
4
the agreement/settlement dated 29.06.2013, directed the decree holder to proceed Execution proceedings.
5
MA (EXE.) NO. 6 OF 2023
statement of account. The payments recorded therein were in respect of discharge of the liability towards maintenance but not in respect of lump-sum of Rs.35 lakhs to be paid to the respondent– wife, the first decree holder. All these factors in our view, weighed in the mind of Trial Court in rejecting the objection of the appellant. We do not find any illegality or perversity in the order. Appeal is dismissed with cost of Rs.10,000/- (Rupees ten thousand only) to be paid to the wife.
Sd/-
AMIT RAWAL JUDGE
Sd/-
C.S. SUDHA JUDGE
nak
2 issues framed by the court
Whether the trial court committed an error in refusing to recognize bank statement accounts as discharging the lump-sum settlement liability towards the wife.
Whether the execution proceedings were correctly directed to continue due to failure to prove payment of the agreed settlement amount.
1 provisions across 1 enactments
K. T. Thomas
Emily Sam Thomas
Dina Thomas
Eyna Thomas
Amit Rawal
C.S. Sudha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court