The Court dismissed the matrimonial appeal challenging the dismissal of the husband's divorce application as infructuous due to the parties obtaining a mutual consent divorce pending the appeal. The appeal was quashed on the same day the matter was heard.
The appeal was dismissed as infructuous based on the subsequent mutual consent divorce decree.
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.
INTHEHIGHCOURTOFKERALAATERNAKULAM
PRESENT
THEHONOURABLEMR.JUSTICEA.MUHAMEDMUSTAQUE
&
THEHONOURABLEMRS.JUSTICESOPHYTHOMAS
WEDNESDAY,THE21STDAYOFJUNE2023/31STJYAISHTA,1945
MAT.APPEALNO.244OF2017
OP730/2014OFTHEFAMILYCOURT,THRISSUR
APPELLANT/PETITIONER:
RANJITHMENON,
"SIVADHAKSHINA",MUTHUVARADESOM,PUZHAKKALVILLAGE,
PUZHAKKAL.P.O,THRISSURTALUK,THRISSURDISTRICT-680553.
BYADVS.
B.S.SWATHIKUMAR
ANITHARAVINDRAN
HARISANKARNUNNI
SARANGADHARANP.
NAVVYAUNNI
RESPONDENT/RESPONDENT:
RESHMIM.R.,D/OMADAMBIRAGHAVAN,PALISSERY.P.O,
THRISSURDISTRICT-680027.
BYADVS.
SRI.K.R.ARUNKRISHNAN
SRI.G.SREEKUMARCHELUR
THISMATRIMONIALAPPEALHAVINGBEENFINALLYHEARDON
21.06.2023,THECOURTONTHESAMEDAYDELIVEREDTHEFOLLOWING:
Mat.Appeal No.244 of 2017
2
J U D G M E N T
A.Muhamed Mustaque, J.
Thisappealwaspreferredbythehusbandchallengingthe
dismissalofhisapplicationfordivorce.Nowitisstatedthat
pendingappeal,partieshaveobtaineddivorcebymutualconsent
asevidentfromadditionaldocumentsproducedalongwithI.A.No.1
of2023.
Inthelightoftheabove,thisappealisdismissedas
infructuous.
Sd/-
A.MUHAMED MUSTAQUE JUDGE
Sd/- SOPHY THOMAS JUDGE
DSV/21.06.2023
Mat.Appeal No.244 of 2017
3
APPENDIX OF MAT.APPEAL 244/2017
APPELLANT’SANNEXURES:
Annexure A TRUE COPY OF THE ORDER OP(HMA) 634/2023 DATED 3-5-2023 OF THE FAMILY COURT, THRISSUR.AnnexureBTRUECOPYOFTHEAGREEMENTBETWEENTHEPETITIONERAND
THERESPONDENTDATED24-4-2023.
RESPONDENT’SANNEXURES:NIL
2 issues framed by the court
Whether a pending divorce appeal is maintainable when parties subsequently obtained divorce by mutual consent.
Whether the dismissal of the main appeal as infructuous is correct in light of the mutual consent decree.
Ranjith Menon
Reshmi M.R.
A. Muhamed Mustaque
Sophy Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court