Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN & THE HONOURABLE MRS. JUSTICE SOPHY THOMAS MONDAY, THE 25TH DAY OF SEPTEMBER 2023/3RD ASWINA, 1945 MAT.APPEAL NO. 33 OF 2014 AGAINST THE JUDGMENT DATED 21.11.2013 IN O.P.NO.111 OF 2013 OF FAMILY COURT, ATTINGAL APPELLANTS/RESPONDENTS:
1 B.SUNEETHA, AGED 46 YEARS, D/O. P.K. SUMATHIKUTTY, THAMPURANMEDA, VRA LANE-161, NEAR GOVERNMENT H.S. SCHOOL, OPPOSITE NEETHI MEDICAL STORE, ATTINGAL, THIRUVANANTHAPURAM DISTRICT-695101. 2 NISHAD, AGED 23 YEARS, S/O. LATE REGHUKUMAR, THAMPURANMEDA, VRA LANE-161, NEAR GOVERNMENT H.S. SCHOOL, OPPOSITE NEETHI MEDICAL STORE, ATTINGAL, THIRUVANANTHAPURAM DISTRICT-695101. BY ADVS.SRI.NAGARAJ NARAYANAN SRI.BENOJ C AUGUSTINE SMT.J.KASTHURI SRI.PRATHAP PILLAI SRI.SAIJO HASSAN SRI.SEBIN THOMAS SRI.VIVEK V. KANNANKERI SRI.VISHNU BHUVANENDRAN
RESPONDENT/PETITIONER: S.SURENDRAN, AGED 60 YEARS, S/O. SREEDHARAN, THAMPURANMEDA, VRA LANE-161, NEAR GOVERNMENT H.S. SCHOOL, OPPOSITE NEETHI MEDICAL STORE, ATTINGAL, THIRUVANANTHAPURAM DISTRICT-695101.NOW RESIDING AT VRINDAVANAM, CHATHANPARA, THOTTAKKADU P.O. THIRUVANANTHAPURAM-695605 BY ADV SRI.K.RAVI (PARIYARATH) THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 25.09.2023, ALONG WITH MAT.APPEAL NOS.728/2015 & FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN & THE HONOURABLE MRS. JUSTICE SOPHY THOMAS MONDAY, THE 25TH DAY OF SEPTEMBER 2023/3RD ASWINA, 1945 MAT.APPEAL NO. 220 OF 2014 AGAINST THE JUDGMENT DATED 21.11.2013 IN O.P.NO.111/2013 OF FAMILY COURT, ATTINGAL APPELLANT/PETITIONER: S.SURENDRAN, S/O.SREEDHARAN, AGED 61 YEARS, THAMPURANMEDA”,VRA LANE 161 NEAR GOVERNMENT H.S SCHOOL, OPPOSITE NEETHI MEDICAL STORE, ATTINGAL THIRUVANANTHAPURAM DISTRICT PIN 695 101 BY ADV SRI.K.RAVI (PARIYARATH) RESPONDENTS/RESPONDENTS:
1 B.SUNEETHA, AGED 47 YEARS, D/O.P.K SUMATHI KUTTY, THAMPURANMEDA, VRA LANE 161 NEAR GOVERNMENT H.S SCHOOL, OPPOSITE NEETHI MEDICAL STORE,ATTINGAL THIRUVANANTHAPURAM DISTRICT PIN 695 101 2 NISHAD, S/O.LATE SRI REGHUKUMAR, RESIDING AT “THAMPURANMEDA”, VRA LANE 161 NEAR GOVERNMENT H.S SCHOOL, OPPOSITE NEETHI MEDICAL STORE, ATTINGAL THIRUVANANTHAPURAM DISTRICT PIN 695 101 BY ADVS.SRI.BENOJ C AUGUSTINE SMT.J.KASTHURI SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.SEBIN THOMAS SRI.VIVEK V. KANNANKERI
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 25.09.2023, ALONG WITH Mat.Appeal.33/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN & THE HONOURABLE MRS. JUSTICE SOPHY THOMAS MONDAY, THE 25TH DAY OF SEPTEMBER 2023/3RD ASWINA, 1945 MAT.APPEAL NO. 728 OF 2015 AGAINST THE JUDGMENT DATED 15.06.2015 IN O.P.NO.2358/2013 OF FAMILY COURT, ATTINGAL APPELLANT/PETITIONER: SUNITHA, AGED 48 YEARS, D/O.BALAKRISHNAN, TAMPURANMEDU, PRA LANE, 161 NEAR GIRLS HIGH SCHOOL JUNCTION, ATTINGAL, TRIVANDRUM. BY ADVS.SRI.NAGARAJ NARAYANAN SRI.BENOJ C AUGUSTINE SMT.J.KASTHURI SRI.PRATHAP PILLAI SRI.SAIJO HASSAN SRI.R.S.SARAT SRI.VISHNU BHUVANENDRAN RESPONDENT/RESPONDENT: SURENDRAN, AGED 62 YEARS, S/O.SREEDHARAN, RESIDING AT VRINDAVANAM, CHATHANPARA, ALAMCODE P.O., KARAVARAM VILLAGE, TRIVANDRUM 695 102. BY ADV SRI.K.RAVI (PARIYARATH) THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 25.09.2023, ALONG WITH Mat.Appeal.33/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Anil K. Narendran, J.
Mat.Appeal No.33 of 2014:- The appellants are the
respondents in O.P.No.111 of 2013, which was one filed by the respondent herein before the Family Court, Attingal, seeking cancellation or setting aside of Gift Deed No.1348 of 2011 of Sub Registrar Office, Attingal executed by him in favour of his second wife, who is the 1st appellant herein, and other consequential reliefs. The said original petition was decreed in part by the
judgment dated 21.11.2013, whereby the respondents or
anybody under them are restrained from causing any disturbance to the peaceful life of the petitioner in the building situated in the scheduled property till his death or the husband and wife get dissolved their marriage. The respondent herein was also restrained from causing any disturbance to the peaceful life of the 1st appellant in the property and enjoying the same by her as the absolute owner in possession. However, the prayer for cancellation or setting aside of the gift deed stands dismissed. Challenging the said judgment and decree dated 21.11.2013 in O.P.No.111 of 2013, the appellants are before this Court in this appeal, invoking the provisions under Section 19(1) of the Family Courts Act, 1984.
1.1. On 17.01.2014, when this appeal came up for admission, this Court issued notice to the respondent. The lower court records were also called for. Since the notice sent in terms of the order dated 17.01.2014 returned with an endorsement ‘not known’, by the order dated 10.03.2014, this Court issued notice to the respondent by special messenger.
2. Mat.Appeal No.220 of 2014:- The appellant is the
petitioner in O.P.No111 of 2013 before the Family Court, Attingal, seeking cancellation or setting aside of Gift Deed No.1348 of 2011 of Sub Registrar Office, Attingal executed by him in favour of his second wife, who is the 1st respondent herein, and other consequential reliefs. The said original petition was decreed in part by the judgment dated 21.11.2013, whereby the respondents or anybody under them are restrained from causing any disturbance to the peaceful life of the petitioner in the building situated in the scheduled property till his death or the husband and wife get dissolved their marriage. The appellant was also restrained from causing any disturbance to the peaceful life of the 1st respondent herein in the property and enjoying the same by her as the absolute owner in possession. However, the prayer for cancellation or setting aside of the gift deed stands dismissed. Challenging the said judgment and decree dated
21.11.2013 in O.P.No.111 of 2013, the appellant is before this Court in this appeal, invoking the provisions under Section 19(1) of the Family Courts Act, 1984. 2.1. On 27.05.2014, when this appeal came up for admission, this Court admitted the matter on file. The learned counsel took notice for respondents 1 and 2. By the order of this Court dated 27.05.2014, the lower court records were called for.
3. Mat.Appeal No.728 of 2015:- The appellant is the
petitioner in O.P.No.2358 of 2013, which was one filed before the Family Court, Attingal under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1939 read with Section 7 of the Family Courts Act, 1984, seeking dissolution of the marriage solemnised with the respondent on 22.09.2008 at Veeralam Sreekrishna Swami Temple, Attingal. The Family Court dismissed the said original petition by the judgment dated 15.06.2015 on a finding that the petitioner is not entitled to get a decree of divorce either on the ground of cruelty or on the ground of desertion, under Section 13(1)(ia) and (ib) of the Hindu Marriage Act. Challenging the said judgment dated 15.06.2015, the appellant is before this Court in this appeal, invoking the provisions under Section 19(1) of the Family Courts Act, 1984.
3.1. On 29.07.2015, when this appeal came up for admission, this Court admitted the matter on file and issued notice to the respondent by speed post returnable within two weeks.
4. Today, when these matters are taken up for
consideration, the learned counsel for the appellants in Mat. Appeal Nos.33 of 2014 and 728 of 2015 would submit that the appellants do not want to prosecute the appeals further and therefore, the said appeals may be dismissed as withdrawn.
5. The learned counsel for the appellant in Mat.Appeal
No.220 of 2014 would submit that since the respondent wants to withdraw the connected appeals, i.e., Mat.Appeal Nos.33 of 2014 and 728 of 2015, this appeal can also be dismissed as withdrawn. In such circumstances, recording the aforesaid submissions made by the learned counsel on both sides, these appeals are dismissed as withdrawn. Sd/- ANIL K. NARENDRAN, JUDGE Sd/- SOPHY THOMAS, JUDGE AV/27/9