Dilip S vs Haripriya S @ Aswathy

Kerala High Court

Dilip S vs Haripriya S @ Aswathy on 21 May, 2024

Author: Raja Vijayaraghavan

Bench: V Raja Vijayaraghavan

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
                                     &
                    THE HONOURABLE MR. JUSTICE P.M.MANOJ
           Tuesday, the 21st day of May 2024 / 31st Vaisakha, 1946
                         MAT.APPEAL NO. 420 OF 2024
                     OP 113/2017 OF FAMILY COURT, PALA.
APPELLANT(S)/RESPONDENT:

     DILIP S., AGED 38 YEARS, S/O. V.K.SHIVANPILLAI, VENGALATHUMMADAM
     HOUSE, MATHIRAPPALLY BHAGATHU, KOTHAMANGALAM P.O., KOTHAMANAGALAM
     TALUK, ERNAKULAM DISTRICT, PIN - 686691

    BY ADVS. M/S. S.VINOD BHAT AND ANAGHA LAKSHMY RAMAN

RESPONDENT(S)/PETITIONER:


     HARIPRIYA S @ ASWATHY, AGED 37 YEARS, D/O SREEKUMAR, UMAVELAYUDHA
     VILASOM HOUSE, EDAKKOLI BHAGOM, CHAKKAMPUZHA P.O., CHAKKAMPUZHA
     KARA, VELLILAPPALLY VILLAGE, KOTTAYAM DISTRICT, PIN-686574

     This Matrimonial Appeal having come up for admission on 21.05.2024,
the Court on the same day passed the following:




                                                                     P.T.O.
               RAJA VIJAYARAGHAVAN V & P.M.MANOJ, JJ.
                   -------------------------------------
                    Mat Appeal No.420 of 2024
                  -------------------------------------------
                Dated this the 21st day of May, 2024

                                      ORDER

Raja Vijayaraghavan, J.

Smt.Anagha Lakshmy Raman, the learned counsel appearing for the appellant, points out that O.P No.113/2017 filed by the respondent was allowed and two reliefs were granted. The marriage which was solemnized between the appellant and the respondent was dissolved under Section 13(1)(ia) of the Hindu Marriage Act, 1955. A further direction was issued directing the appellant to pay a sum of Rs.1.5 lakhs to the respondent by way of compensation. The learned counsel submits that the appellant is not mounting a challenge against the order granting divorce under Section 13(1)(ia) of the Hindu Marriage Act. He limits his challenge to the order passed by the Family Court ordering payment of compensation of a sum of Rs.1.5 lakhs. The aforesaid submissions are recorded.

Issue notice to the respondent.

Having considered the submissions, the execution of the judgment ordering Mat Appeal No.420 of 2024 2 compensation will stand stayed on condition that the appellant executes a bond for the sum awarded to the satisfaction of the Family Court.

Post on 06.06.2024 Sd/-

RAJA VIJAYARAGHAVAN V JUDGE Sd/-

P.M.MANOJ JUDGE IAP 21-05-2024 /True Copy/ Assistant Registrar