Sreekumar vs Sreedevi

Type Court Judgment Court Kerala Orders Decided Sep 11, 2023

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Citation: sooperkanoon.com/1353495
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Anil K.Narendran,Honourable Mrs. Justice Sophy Thomas
Decided On: Sep 11, 2023
Case Number: Mat.Appeal/24/2014

Parties & Advocates

Appellant / Petitioner

Sreekumar

Respondent

Sreedevi

Excerpt

.....sri.p.mohandas ernakulam sri.s.vibheeshanan respondent/respondent: sreedevi, sree mandiram, kamukumcherry, pidavoor village, pathanapuram, kariyara p.o., kollam-691 332. by adv. saju.s.a this matrimonial appeal having been finally heard on 11.09.2023, the court on the same day delivered the following: anil k. narendran & sophy thomas, jj. mat. appeal no.24 of 2014 dated this the 11th day of september, 2023judgmentthe appellant is the petitioner in o.p.(hma)no.522 of 2009 on the file of the family court, kottarakkara, which was one filed against the respondent herein-wife seeking a decree of divorce under section 13(1) (i-a)(i-b) and section 7 of the family courts act. that original petition ended in dismissal for default by theorder dated 22.06.2011, which is under challenge in this appealfiled invoking the provisions under section 19(1) of the family courts act.2. on 17.01.2014, when this appeal came up forconsideration, this court issued notice by speed post to the respondent in c.m.appl.no.117 of 2014 for condonation of delay of 880 days. the said application was allowed by the order dated 20.03.2014 on payment of a cost of rs.3,000/-. thereafter, the appeal was admitted on file on 27.03.2014.3. today, when this matter is taken up for consideration,the learned counsel for the appellant would submit that since the disputes between the parties have already been settled, the appellant do not want to prosecute this appeal further. based on the aforesaid submission made by the learned counsel for the appellant, this appeal is dismissed as withdrawn. anil k. narendran, judge sophy thomas, judge dxy

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 11TH DAY OF SEPTEMBER 2023 / 20TH BHADRA, 1945 MAT.APPEAL NO. 24 OF 2014 AGAINST THE ORDER/JUDGMENT IN OPHMA 522/2009 OF FAMILY COURT, KOTTARAKKARA
APPELLANT/PETITIONER: SREEKUMARSREE MANDIRAM, KAMUKUMCHERRY, PIDAVOOR VILLAGE, PATHANAPURAM, NOW RESIDNG AT KEERATHIL VEEDU, EANATH, ENADIMANGALAM, ADOOR, PATHANAMTHITTA DISTRICT. BY ADVS. DR.K.P.SATHEESAN (SR.) SRI.ANOOP.V.NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS ERNAKULAM SRI.S.VIBHEESHANAN RESPONDENT/RESPONDENT: SREEDEVI, SREE MANDIRAM, KAMUKUMCHERRY, PIDAVOOR VILLAGE, PATHANAPURAM, KARIYARA P.O., KOLLAM-691 332. BY ADV. SAJU.S.A THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 11.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANIL K. NARENDRAN & SOPHY THOMAS, JJ. Mat. Appeal No.24 of 2014 Dated this the 11th day of September, 2023

JUDGMENT

The appellant is the petitioner in O.P.(HMA)No.522 of 2009 on the file of the Family Court, Kottarakkara, which was one filed against the respondent herein-wife seeking a decree of divorce under Section 13(1) (i-a)(i-b) and Section 7 of the Family Courts Act. That original petition ended in dismissal for default by the

order dated 22.06.2011, which is under challenge in this appeal

filed invoking the provisions under Section 19(1) of the Family Courts Act.

2. On 17.01.2014, when this appeal came up for

consideration, this Court issued notice by speed post to the respondent in C.M.Appl.No.117 of 2014 for condonation of delay of 880 days. The said application was allowed by the order dated 20.03.2014 on payment of a cost of Rs.3,000/-. Thereafter, the appeal was admitted on file on 27.03.2014.

3. Today, when this matter is taken up for consideration,

the learned counsel for the appellant would submit that since the disputes between the parties have already been settled, the appellant do not want to prosecute this appeal further. Based on the aforesaid submission made by the learned counsel for the appellant, this appeal is dismissed as withdrawn. ANIL K. NARENDRAN, JUDGE SOPHY THOMAS, JUDGE Dxy

Same Court & Year Kerala Orders · 2023 Same Parties Sreekumar vs Sreedevi Same Judge Honourable Mr. Justice Anil K.Narendran,Honourable Mrs. Justi...