Padmakumary G.S vs Anil Kumar
2023 Latest Caselaw 1785 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
         THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                              &
          THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
   WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023/12TH MAGHA, 1944
                  MAT.APPEAL NO. 129 OF 2014
AGAINST THE JUDGMENT DATED 25.07.2013 IN O.P.NO.824 OF 2010 OF
                 THE FAMILY COURT, NEDUMANGAD
APPELLANT/1ST RESPONDENT:

          PADMAKUMARY G.S, AGED 37 YEARS, D/O.SARASWATHY,
          RESIDING AT ANUSHA BHAVAN, PARUTHIKUZHI P.O,
          UZHAMALAKAL VILLAGE, NEDUMANGAD TALUK,
          THIRUVANANTHAPURAM DISTRICT.

          BY ADVS.SRI.BIJU BALAKRISHNAN
          SMT.PRINCY XAVIER
          SMT.V.S.RAKHEE


RESPONDENTS/PETITIONER & 2ND RESPONDENT:

    1     ANIL KUMAR, S/O.KRISHNA PILLAI, AGED 43 YEARS,
          VAMPURA, THOTTARIKATHU VEEDU, PATTOMKULICHA PARA,
          PEPPARA DAM P.O, VITHURA, NEDUMANGAD,
          THIRUVANANTHAPURAM DISTRICT 695 551.

    2     SANTHOSH K.L., KURISHUMUTTU, MAILAMOODU VEEDU,
          NALLIKUZHI, PUTHENKULANGARA P.O, UZHMALACKAL
          VILLAGE, NEDUMANGAD, THIRUVANANTHAPURAM 695 541.

          R BY ADV SMT.RESMI NANDANAN




     THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON
01.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                -2-
Mat.Appeal No.129 of 2014

                            JUDGMENT

Anil K. Narendran, J.

The appellant is the 1st respondent in O.P.No.824 of 2010

on the file of the Family Court, Nedumangad, which is one filed

by the 1st respondent herein-husband, seeking a decree of

divorce under Section 13(i) and (ia) of the Hindu Marriage Act,

on the ground of adultery and cruelty. In that original petition,

the appellant raised a counter claim for return of gold

ornaments. By the judgment and decree dated 25.07.2013,

the Family Court allowed O.P.No.824 of 2010 granting a decree

of divorce dissolving the marriage solemnised between the

appellant and the 1st respondent on 04.04.1994. The counter

claim filed by the appellant was partly allowed and the 1st

respondent was directed to return 12 sovereigns of gold

ornaments or its market value at the time of realization and

Rs.60,000/- to the appellant. The appellant was also granted

with her half share in the property partitioned and vacant

possession of the same. Challenging the said judgment and

decree, the appellant is before this Court in this appeal

invoking the provisions under Section 19(1) of the Family

Courts Act, 1984, along with C.M.Application No.2 of 2014

Mat.Appeal No.129 of 2014

seeking condonation of the delay of 37 days, which was

allowed by the order of this Court dated 27.01.2023.

2. Today, when this appeal is taken up for admission,

the learned counsel for the appellant would submit that the

appellant do not want to prosecute this appeal further.

Therefore, this appeal may be dismissed as withdrawn.

Recording the aforesaid submission made by the learned

counsel for the appellant, this appeal is dismissed as

withdrawn.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE

AV/03/02