Citation : 2021 Latest Caselaw 13126 Ker
Judgement Date : 23 June, 2021
Mat.Appeal No.437/2020 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 23rd day of June 2021 / 2nd Ashadha, 1943
IA.NO.2/2020 IN MAT.APPEAL NO. 437 OF 2020
OP 51/2014 OF FAMILY COURT, THIRUVALLA, PATHANAMTHITTA
PETITIONER/APPELLANT:
SASIKUMAR N. AGED 41 YEARS, S/O. LATE NANU & BHAVANIAMMA, KOVANCHIRA
KIZHAKKETHIL HOUSE THADIYOOR P.O. THADIYOOR KADAYOOR, AYROOR
VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT -689 545, REP. BY HIS
P.A. HOLDER, SUBHADRA @ SINDHU, AGED 36 YEARS, W/O. JAYADEV, THOPPIL
MALAYIL HOUSE, VENNIKULAM P.O. VALAANKARA, PURAMATTOM VILLAGE,
MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT 689 544
RESPONDENTS/RESPONDENTS:
1. AMBILIKRISHNAN @ AMBILI AGED 36 YEARS, D/O. RAMAKRISHNAN @ C.R.
KRISHNAN AND SANTHAMMA, CHARIVUPURAYIDATHILAYA CHARIVUKALAYIL HOUSE,
KOTTANADU P.O. KOTTANADU MURI, PERUMPETTY VILLAGE, MALLAPPALLY
TALUK, PATHANAMTHITTA DISTRICT 689 615.
2. BHAVANIAMMA, AGED 85 YEARS, W/O. LATE NANU, KOVANCHIRA KIZHAKKETHIL
HOUSE, THADIYOOR P.O, THADIYOOR KADAYOOR, AYROOR VILLAGE, RANNI
TALUK, PATHANAMTHITTA DISTRICT 689545.(Died on 06.02.2016)
3. SUVARNAKUMARI,AGED 45 YEARS, W/O. LATE VIJAYAN @ MANI, KOVANCHIRA
KIZHAKKETHIL HOUSE, THADIYOOR P.O, THADIYOOR KADAYOOR, AYROOR
VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT 689545.
A pplicationpraying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay the execution
and opeartion of the common judgment dated 21.12.2019 in O.P.No.51/2014 on
the files of Family Court, Thiruvalla till the disposal of the captioned
Matrimonial Appeal in the interest of justice.
This Application coming on for orders, upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of M/S.MANU RAMACHANDRAN, M.KIRANLAL, R.RAJESH,T.S.SARATH and SAMEER M
NAIR, Advocates for the applicant, the court passed the following:
Mat.Appeal No.437/2020 2/2
ORDER
There will be an interim stay of operation of judgment on condition that the appellant/petitioner shall pay the past maintenance ordered within a period of one month. 1st respondent is permitted to withdraw the said amount.
Post on 8/7/2021 along with connected cases.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
23-06-2021 /True Copy/ Assistant Registrar
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