Vinulal vs Preejitha - Court Judgment

SooperKanoon Citationsooperkanoon.com/1353573
CourtKerala Orders High Court
Decided OnApr-12-2023
Case NumberMat.Appeal/1250/2017
JudgeHonourable Mr. Justice Anil K.Narendran,Honourable Mr.Justice P.G. Ajithkumar
AppellantVinulal
RespondentPreejitha
Excerpt:
in the high court of kerala at ernakulampresent the honourable mr. justice anil k.narendran & the honourable mr.justice p.g. ajithkumar wednesday, the 12th day of april 2023/22nd chaithra, 1945 mat.appeal no.1250 of 2017 against the order dated 15.06.2017 in o.p.no.1819 of 2014 of family court,thrissur appellant/petitioner: vinulal, aged 37 years, s/o.vijayan, residing at chitteth house, koorkanchery p.o., koorkanchery villge, thrissur taluk, thrissur, represented by his power of attorney vijayan, aged 79 years, s/o.kesavan nair, chitteth house, koorkanchery village, thrissur. sri.p.m.rafiq sri.ajit thomas respondents/respondents: preejitha, aged 32 years, d/o.kizhakkethil manimenon, painkulam village, talappilly taluk, now residing at sre nandanam, cite no.55, swarnapuri, high line extension 15, velampalayam, thiruppoor, tamilnadu-641652. smt.gayathri r.krishnan sri.j.r.prem navaz sri.p.t.sheejish this matrimonial appeal having come up for admission on 12.04.2023, the court on the same day delivered the following: -2-judgmentanil k.narendran, j.the appellant filed o.p.no.1819 of 2014 before the family court, thrissur, against the respondent herein-wife, seeking a decree of divorce on the ground of cruelty and desertion. by judgment dated 15.06.2017, o.p.no.1819 of 2014 was dismissed. feeling aggrieved, the appellant has filed this appeal, invoking the provisions under section 19(1) of the family courts act, 1984.2. on 29.03.2021, when this appeal came up for admission, this court admitted the matter on file. therespondent entered appearance through counsel. by the orderdated 29.03.2021, the matter was referred for mediation.3. today, when this appeal is taken up forconsideration, the learned counsel for the appellant would submit that the matter has already been settled out of the court and therefore the appellant does not want to prosecute this appeal and the same may be dismissed as withdrawn. -3- based on the aforesaid submission made by the learned counsel for the appellant, this appeal is dismissed as withdrawn. anil k. narendran, judge p.g.ajithkumar, judge ww
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN & THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR WEDNESDAY, THE 12TH DAY OF APRIL 2023/22ND CHAITHRA, 1945 MAT.APPEAL NO.1250 OF 2017 AGAINST THE ORDER DATED 15.06.2017 IN O.P.No.1819 OF 2014 OF FAMILY COURT,THRISSUR APPELLANT/PETITIONER: VINULAL, AGED 37 YEARS, S/O.VIJAYAN, RESIDING AT CHITTETH HOUSE, KOORKANCHERY P.O., KOORKANCHERY VILLGE, THRISSUR TALUK, THRISSUR, REPRESENTED BY HIS POWER OF ATTORNEY VIJAYAN, AGED 79 YEARS, S/O.KESAVAN NAIR, CHITTETH HOUSE, KOORKANCHERY VILLAGE, THRISSUR. SRI.P.M.RAFIQ SRI.AJIT THOMAS RESPONDENTS/RESPONDENTS: PREEJITHA, AGED 32 YEARS, D/O.KIZHAKKETHIL MANIMENON, PAINKULAM VILLAGE, TALAPPILLY TALUK, NOW RESIDING AT SRE NANDANAM, CITE NO.55, SWARNAPURI, HIGH LINE EXTENSION 15, VELAMPALAYAM, THIRUPPOOR, TAMILNADU-641652. SMT.GAYATHRI R.KRISHNAN SRI.J.R.PREM NAVAZ SRI.P.T.SHEEJISH THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-

JUDGMENT

Anil K.Narendran, J.

The appellant filed O.P.No.1819 of 2014 before the Family Court, Thrissur, against the respondent herein-wife, seeking a decree of divorce on the ground of cruelty and desertion. By judgment dated 15.06.2017, O.P.No.1819 of 2014 was dismissed. Feeling aggrieved, the appellant has filed this appeal, invoking the provisions under Section 19(1) of the Family Courts Act, 1984.

2. On 29.03.2021, when this appeal came up for admission, this Court admitted the matter on file. The

respondent entered appearance through counsel. By the order

dated 29.03.2021, the matter was referred for mediation.

3. Today, when this appeal is taken up for

consideration, the learned counsel for the appellant would submit that the matter has already been settled out of the court and therefore the appellant does not want to prosecute this appeal and the same may be dismissed as withdrawn. -3- Based on the aforesaid submission made by the learned counsel for the appellant, this appeal is dismissed as withdrawn. ANIL K. NARENDRAN, JUDGE P.G.AJITHKUMAR, JUDGE ww