Citation : 2021 Latest Caselaw 16340 Ker
Judgement Date : 4 August, 2021
Mat.Appeal No.260/2021 1/2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
Wednesday, the 4th day of August 2021 / 13th Sravana, 1943
IA.NO.3/2021 IN MAT.APPEAL NO. 260 OF 2021
OP 1440/2010 OF FAMILY COURT,KOLLAM
PETITIONER/APPELLANT/RESPONDENT:
SAJ LOUIS, AGED 50 YEARS, S/O. LOUIS, POOKKOVIL VEEDU, KANJIRAKODU
PO, MULAVANA VILLAGE, KOLLAM DISTRICT, PIN-691 501.
RESPONDENT/RESPONDENT/PETITIONER:
NIRMALA SAJ, AGED 47 YEARS, D/O. ROBERT, MANALIL VEEDU,
KAKKOTTUMOOLA, MAYYANADU PO, KOLLAM DISTRICT, PIN-691 303.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay the operation
of the judgment dated 31/03/2014 in O.P.No.1440/2010 of the Family Court,
Kollam, pending disposal of the Matrimonial Appeal.
This Application coming on for orders, upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of MR.C.R.JAYAKUMAR and MR.NOBEL RAJU, Advocates for the applicant, the
court passed the following:
P.T.O.
Mat.Appeal No.260/2021 2/2
A. Muhamed Mustaque & Dr. Kauser Edappagath, JJ
------------------------------------
Mat.Appeal No.260/2021
-------------------------------
Dated this the 4th day of August, 2021
--------------------------------
ORDER
A. Muhamed Mustaque, J
Though the respondent's lawyer appearing in
the Family Court acknowledged the payment of
cost, the counsel has not chosen to appear in
this matter. We record the payment of cost. The
appeal is admitted.
IA 3/2021
The execution of the impugned judgment in
regard to the relief of the past maintenance
awarded is stayed on condition of the appellant
furnishing security to the satisfaction of the
Family Court within two months. We also direct
the appellant to pay Rs.5,000/- per month towards
future maintenance from this month onwards in the
place of Rs.10,000/- awarded by the Family Court.
Sd/-
A. MUHAMED MUSTAQUE, JUDGE sd/-
DR. KAUSER EDAPPAGATH, JUDGE
kp
04-08-2021 /True Copy/ Assistant Registrar
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