Muraleedharan vs Rajani
2021 Latest Caselaw 13968 Ker

Mat.Appeal No.354/2021                            1/2

                             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                             PRESENT
                          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                                &
                           THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
                   TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943
                         IA NO.1/2021 IN MAT.APPEAL NO. 354 OF 2021
                         OP 609/2014 OF FAMILY COURT, OTTAPPALAM, PALAKKAD

  APPLICANT/APPELLANT:

       1. MURALEEDHARAN, AGED 48 YEARS, S/O.BALAKRISHNAN NAIR, T K B K NIAVAS,

           VENGASSERY, OTTAPALAM TALUK, PALAKKAD DISTRICT 679 516


  RESPONDENTS/RESPONDENTS

       1. RAJANI, AGED 40 YEARS, D/O.PRABHAKARAN NAIR, SANKAR NIVAS,

           KALLUVAZHI AMSOM, POOKOTTUKAVU DESOM AND POST, OTTAPALAM TALUK,

           PALAKKAD DISTRICT 679 515.

       2. ATHIRA, AGED 15 YEARS, (DOB 06-02-2006) (MINOR) D/O.RAJANI, SANKAR

           NIVAS, KALLUVETTUKUZHI AMSOM, POOKOTTUKAVU DESOM AND POST, OTTAPALAM

           TALUK PALAKKAD DISTRICT REPRESENTED BY THE GUARDIAN AND MOTHER

           RAJANI, D/O.PRABHAKARAN NAIR, SANKAR NIVAS, KALLUVETTUKUZHI AMSOM,

           POOKOTTUKAVU DESOM AND POST, OTTAPALAM TALUK, PALAKKAD DISTRICT 679

           515.


              Application praying that in the circumstances stated in the

    affidavit filed therewith the High Court be pleased to                   stay the

    Operation and Execution of the judgment and decree passed in original

    Petition No.609 of 2014 of Family Court, Ottapalam dated 09-07-2020 and

    to pass an ad interim order to that effect till the disposal of the above

    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.R.SREEHARI Advocate for the applicant, the Court

    passed the following.



                                                                  P.T.O.
 Mat.Appeal No.354/2021                           2/2



                  A. Muhamed Mustaque & Dr. Kauser Edappagath, JJ
                      ------------------------------------
                              Mat.Appeal No. 354 of 2021
                        -------------------------------
                           Dated this the 6th day of July, 2021
                        --------------------------------

                                             ORDER

A. Muhamed Mustaque, J

Admit. Issue notice to the respondents.

I.A.No.1/2021

Execution of relief No.1 is stayed on condition

of the appellant furnishing security to the amount

granted under the said relief to the satisfaction of

the Family Court within a period of two months.

Execution of relief No.2 is stayed on condition of

the appellant depositing one-fourth of the past

maintenance, within a period of two months and also

furnishes security for the remaining amount to the satisfaction of the Family Court. On deposit of the

amount as above, the respondent can withdraw the

same. It is made clear that we have not stayed the

future maintenance awarded.

Sd/-

A. MUHAMED MUSTAQUE, JUDGE

sd/-

DR. KAUSER EDAPPAGATH, JUDGE

kp

06-07-2021 /True Copy/ Assistant Registrar