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Gayathri Vs. Vimeesh - Court Judgment

LegalCrystal Citation
CourtKerala High Court
Decided On
Judge
AppellantGayathri
RespondentVimeesh
Excerpt:
.....appendix petitioner(s)' exhibits ------------------------------------- exhibit p1 true copy of the agreement dated0506-2012 executed by the petitioner and the ist respondent exhibit p2 true copy of the order dated2007-2012 in op no1272011 of the family court kalpetta exhibit p3 true copy of the birth certificate issued by the kalpetta municipality exhibit p4 true copy of the common order dated1104-2013 in i.a no9612 & 97/12 in op no1272011 of the familycourt, kalpetta exhibit p5 true copy of the common order dated2907-2013 in i.a no210of2013and211of2013and i.a no97of2012in op no127of2011of the family court, kalpetta respondent(s)' exhibits --------------------------------------- nil. sdk+ ///true copy/// p.a. to judge harun-ul-rashid & alexander thomas,.....
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID & THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS THURSDAY, THE20H DAY OF FEBRUARY20141ST PHALGUNA, 1935 OP (FC).No. 3303 of 2013 (R) ----------------------------- AGAINST THE ORDER

/JUDGMENT

IN OP1272011 of FAMILY COURT, KALPETTA DATED297.13. PETITIONER(S): -------------------------- GAYATHRI, AGED26YEARS, D/O MURALEEDHARAN, RESIDING AT GAYA, KARAKKAMALA POST PORUNNANNUR VILLAGE MANANTHAVADY TALUK, WAYANAD DISTRICT BY ADVS.SRI.GRASHIOUS KURIAKOSE (SR) SRI.GEORGE MATHEWS RESPONDENT(S): ---------------------------- 1. VIMEESH S/O LATE VIJAYAKUMAR 'SATHYA' STATE BANK STAFF COLONY ROAD KOTTULI VILLAGE, PATTERY, KUTHIRAVATTOM POST CALICUT162. BIJI.C.A. W/O MURALEEDHARAN, VADAKKAYIL HOUSE, PERUVAYAL VILLAGE CHERUKATTOR POST, KOZHIKODE TALUK NOW RESIDING AT CHITHRAYAKKAL HOUSE, PERINGALAM P.O KUNNAMANGALAM CALICUT67357 R1 BY ADV. SRI.SANTHARAM.P R1 BY ADV. SMT.REKHA ARAVIND THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON2002-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP (FC).No. 3303 of 2013 (R) ----------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 TRUE COPY OF THE AGREEMENT DATED0506-2012 EXECUTED BY THE PETITIONER AND THE IST RESPONDENT EXHIBIT P2 TRUE COPY OF THE ORDER

DATED2007-2012 IN OP NO1272011 OF THE FAMILY COURT KALPETTA EXHIBIT P3 TRUE COPY OF THE BIRTH CERTIFICATE ISSUED BY THE KALPETTA MUNICIPALITY EXHIBIT P4 TRUE COPY OF THE COMMON ORDER

DATED1104-2013 IN I.A NO9612 & 97/12 IN OP NO1272011 OF THE FAMILYCOURT, KALPETTA EXHIBIT P5 TRUE COPY OF THE COMMON ORDER

DATED2907-2013 IN I.A NO210OF2013AND211OF2013AND I.A NO97OF2012IN OP NO127OF2011OF THE FAMILY COURT, KALPETTA RESPONDENT(S)' EXHIBITS --------------------------------------- NIL. Sdk+ ///True copy/// P.A. to Judge HARUN-UL-RASHID & ALEXANDER THOMAS, JJ.

================== O.P(F.C) No.3303 of 2013 ================== Dated this the 20th day of February, 2014

JUDGMENT

HARUN-UL-RASHID, J.

Ext.P5 order passed by the Family Court, Kalpetta, in I.A.Nos.210/2013, 211/2013, 96/2012 and 97/2012 in O.P.No. 127/2011 are under challenge. In a petition filed by the wife for divorce, the court below passed an ex parte decree on 20.7.2012. Ext.P2 is the said order. The Family Court granted a decree declaring that the marriage between the petitioner and the 1st respondent shall stand dissolved with effect from 20th of July, 2012. The court below also directed the respondent to return a sum of Rs.7,00,000/- and 93 sovereigns of gold or their equivalent money value as on this date to the petitioner with interest at 6% per annum from the date of petition until realisation with costs. The respondent-husband filed a petition for setting aside the ex parte decree with a petition to condone the delay in filing the petition for setting aside the ex parte decree. The court below condoned the delay and set aside the ex O.P.F.C.3303/13 - :

2. :- parte decree passed in the case by order dated 11th April, 2013. Ext.P4 is the copy of the order. The petitioner in the O.P. moved the same court for reviewing Ext.P4 order and for condoning the delay in filing the review petition. The court below by order dated 29.7.2013 dismissed both I.As. Ext.P5 is the copy of the said order. Ext.P5 is under challenge in this O.P. During the pendency of the O.P., the parties have settled the disputes between them through mediation. The terms of settlement are recorded in the memorandum of agreement. The parties are living separately for more than two years and the parties realised that their marital relationship had been irrecoverably broken. In the circumstances, they agreed for a divorce before the mediator. In the aforesaid facts and circumstances, Ext.P5 order passed by the Family Court dismissing the two I.As filed to review Ext.P4 order and for condoning the delay in filing the review petition is set aside. The review petitions are allowed. Consequently, Ext.P4 order is set aside. The decree and judgment passed in O.P. No.127/2011 is restored to file. The petitioner-wife alleged in the petition for divorce that the respondent-husband had harassed her mentally and physically with demands for money and that her husband is living in O.P.F.C.3303/13 - :

3. :- adultery with the 2nd respondent. In the light of the settlement arrived at between the parties, all the allegations and imputations levelled against her husband stand withdrawn. The terms of settlement stated in the memorandum of agreement are recorded. The terms of settlement shall form part of the decree passed by the Family Court, Kalpetta, in O.P.No.127/2011. The original petition is disposed of as above. Sd/- HARUN-UL-RASHID, JUDGE Sd/- sdk+ ALEXANDER THOMAS , JUDGE ///True copy/// P.S. to Judge


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