Citation : 2021 Latest Caselaw 22262 Ker
Judgement Date : 5 November, 2021
Mat.Appeal No.457/2020 1/1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
Friday, the 5th day of November 2021 / 14th Karthika, 1943
IA.NO.1/2020 IN MAT.APPEAL NO. 457 OF 2020
OP 907/2016 OF FAMILY COURT,KOZHIKODE
PETITIONER/APPELLANT/RESPONDENT:
ANITH PREM RAJESH, AGED 40 YEARS, S/O.MOHANDAS, "RAJANEESH",
MAVALLITHAZHAM,KUTHIRAVATTOM, KOTTOOLI , KOZHIKODE-673 016
ADDRESS FOR COMMUNICATION OF SERVICE, GHSS MEDICAL COLLEGE CAMPUS,
+2 ANNEXE, P.O.CHEVAYUR, CALICUT-673 17
RESPONDENTS/RESPONDENTS/PETITIONERS:
1. GREESHMA, AGED 33 YEARS, W/O. ANITH PREM RAJESH, ILLATHAYIPARAMBU,
RAJAJI ROAD, P.O.PUTHIYARA, KOZHIKODE-673 004
2. AGNETHA (MINOR), AGED 8 YEARS, REPRESENTED BY THE 1ST RESPONDENT
MOTHER OF THE MINOR
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay the operation,
findings and execution of the decree and judgment/order impugned passed in
O.P.No.907/2016 dated 31.01.2020 passed by the learned Family court,
Kozhikode, in the Common Order dated 31.01.2020 passed in O.P.No.682/2016,
O.P.No.870/2016, O.P.No.907/2016 and M.C.No.353/2016.
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.A.RANJITH NARAYANAN and A.SIMI Advocates for the applicant, and of
MR.K.MUHAMMED SALAHUDHEEN Advocate for the respondents, the court passed
the following:
ORDER
The appeal is against the decree and judgment in O.P.No.907 of 2016 on the file of the Family Court, Kozhikode granting past maintenance from 23/10/2013 till 22/10/2016. We are of the view that the operation of the decree can be stated on condition that the appellant deposit half of the amount and furnish security for the balance amount within a period of two months. On deposit of half of the amount, the respondents are permitted to withdraw the same.
Sd/- A.MUHAMED MUSTAQUE JUDGE
Sd/- SOPHY THOMAS JUDGE
05-11-2021 /True Copy/ Assistant Registrar
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