Citation : 2021 Latest Caselaw 23207 Ker
Judgement Date : 24 November, 2021
Mat.Appeal No.670/2021 1/1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
Wednesday, the 24th day of November 2021 / 3rd Agrahayana, 1943
IA.NO.1/2021 IN MAT.APPEAL NO. 670 OF 2021
OP 10/2017 OF FAMILY COURT, TIRUR, MALAPPURAM
PETITIONER/APPELLANT:
CHATHERIMUHAMEDKUTTY, AGED 55 YEARS, S/O.KUNHIMUHAMED, CHATHERI HOUSE,
THIRUNAVAYA AMSOM, PALLAR DESOM, VAIRAMKODE(PO), THIRUNAVAYA VILLAGE, TIRUR
TALUK, MALAPPURAM DISTRICT.
RESPONDENT/RESPONDENT:
ATHIKATT SAKEENA, AGED 47 YEARS, D/O.SAIDALI HAJI, THIRUNAVAYA AMSOM, PALLAR
DESOM, VAIRAMKODE(PO), THIRUNAVAYA VILLAGE, TIRUR TALUK, MALAPPURAM DISTRICT -
676301.
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 04.03.2021 in OP No.10/2017 passed by the Family
Court, Tirur, pending the appeal, in the interest of justice and equity.
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.JAMSHEED HAFIZ and K.K.NESNA Advocates for the applicant, the court
passed the following:
ORDER
Operation of the judgment is stayed. However, we make it clear that the respondent is at liberty to invoke extra-judicial divorce if she is so desirous.
Sd/-
A.MUHAMED MUSTAQUE JUDGE
Sd/-
SOPHY THOMAS JUDGE
24-11-2021 /True Copy/ Assistant Registrar
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