High Court of Kerala disposed of two matrimonial appeals settled out of court. The court condoned filing delays and dismissed the appeals based on a compromise agreement, setting aside the decree against the husband.
Appeals dismissed; decree set aside; parties bound by settlement agreement dated 14.06.2022.
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 AMIT RAWAL
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
MONDAY, THE 4TH DAY OF DECEMBER 2023 / 13TH AGRAHAYANA, 1945
MAT.APPEAL NO. 194 OF 2019
AGAINST THE ORDER/JUDGMENT IN OP 472/2016 OF FAMILY COURT,THRISSUR APPELLANT/PETITIONER:
SHABIRA A.A.
AGED 40 YEARS
D/O.ABU, ANDIYATH HOUSE,
KADAVALLUR DESOM P.O., AND VILLAGE, THALAPPILLY TALUK,
THRISSUR DISTRICT, PIN- 680543.
BY ADVS.
K.N.ABHILASH
SRI.SUNIL NAIR PALAKKAT
RESPONDENTS/RESPONDENTS:
1MUJEEB RAHMAN,
AGED 45 YEARS
S/O.KUNJIMON, KANNATHAYIL HOUSE,
KADAVALLUR DESOM P.O AND VILLAGE, THALAPPILLY TALUK,
THRISSUR DISTRICT, PIN- 680543.
2JASMINE @ JASEENA,
CHALIYIL HOUSE, VALLIYAD DESOM, KAITHAPPOYIL P.O.,
INGAPPUZHA VILLAGE, THAMARASSERY TALUK,
THRISSUR DISTRICT, PIN- 673023.
BY ADV MAHESH V.MENON
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 04.12.2023,
ALONG WITH Mat.Appeal.159/2019, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
MAT.APPEAL Nos.194/2019 & 159/2019
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
MONDAY, THE 4TH DAY OF DECEMBER 2023 / 13TH AGRAHAYANA, 1945
MAT.APPEAL NO. 159 OF 2019
AGAINST THE ORDER/JUDGMENT IN OP 954/2015 OF FAMILY
COURT,THRISSUR
APPELLANTS/RESPONDENTS:
1 MUJEEB RAHMAN,AGED 47 YEARS
S/O.KUNJIMON, KANNATHIYIL HOUSE, KADAVALLUR P.O.,
THALAPPILLY, THRISSUR DISTRICT- 680543.
2 KUNJUMMAKUTTY,AGED 69 YEARS
W/O.KUNJIMON, KANNATHIYIL HOUSE, KADAVALLUR P.O.,
THALAPPILLY, THRISSUR DISTRICT-680543.
3 MUHAMMED RAFI, AGED 43 YEARSS/O.KUNJIMON, KANNATHIYIL HOUSE, KADAVALLUR P.O.,
THALAPPILLY, THRISSUR DISTRICT-680543.
BY ADV MAHESH V.MENON
RESPONDENTS/PETITIONERS:
1SHABIRA.A.A
AGED 42 YEARS, D/O.ABU, ANDIYATH HOUSE,
KADAVALLUR P.O., THALAPPILLY,
THRISSUR DISTRICT-680543.
2JASIM,
AGED 21 YEARS, S/O.MUJEEB RAHMAN,
ANDIYATH HOUSE, KADAVALLUR P.O., THALAPPILLY,
THRISSUR DISTRICT-680543.
MAT.APPEAL Nos.194/2019 & 159/2019
3
3MUMTHAS,
AGED 17 YEARS
D/O.MUJEEB RAHMAN, REPRESENTED BY MOTHER SHABIRA A.A.,
D/O.ABU, ANDIYATH HOUSE, KADAVALLUR P.O.,
THALAPPILLY, THRISSUR DISTRICT-680543.
BY ADVS.
SRI.K.N.ABHILASH
SRI.SUNIL NAIR PALAKKAT
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON
04.12.2023, ALONG WITH Mat.Appeal.194/2019, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
MAT.APPEAL Nos.194/2019 & 159/2019
4
JUDGMENT
[Mat.Appeal Nos.194/2019, 159/2019]
Amit Rawal, J.
For the reasons stated in the affidavit accompanying the C.M.Applications, filing delay of 132 days in Mat. A.No.194 of 2019 and 179 days in Mat.A.No.159/2019 are condoned.
Parties have settled the matter outside the court and copy of the settlement dated 14.06.2022 has been placed on record. Both counsel representing the parties do not deny the same. Parties shall be bound by the settlement. Decree against the husband dated 24.07.2018 rendered in O.P.No.954/2015 is set aside. Wife has agreed to withdraw O.P.No.472/2016, in view of the compromise.
Appeals stand disposed of in terms of the compromise. Compromise agreement will form part of this judgment.
Sd/-
AMIT RAWAL
JUDGE
Sd/-
C.S. SUDHA
JUDGE
nak
MAT.APPEAL Nos.194/2019 & 159/2019
5
APPENDIX OF MAT.APPEAL 194/2019
PETITIONER ANNEXURES
Annexure A1THE TRUE COPY OF THE AGREEMENT DATED
14.06.2022 ALONG WITH THE ENGLISH
TRANSLATION
SHABIRA A.A.
MUJEEB RAHMAN
JASMINE @ JASEENA
KUNJUMMAKUTTY
MUHAMMED RAFI
JASIM
AMIT RAWAL
C.S. SUDHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court