Jaseela vs Ahammed Shabeer K.P
2023 Latest Caselaw 3215 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                              &
         THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
 THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
                 MAT.APPEAL NO. 725 OF 2021
   AGAINST THE ORDER/JUDGMENTOP 15/2017 OF FAMILY COURT,
                          OTTAPPALAM
APPELLANT/S:

    1    JASEELA
         AGED 30 YEARS
         D/O.MUHAMMED KUTTY, KANAKKAKKAL HOUSE,
         KOZHIKKARA, KAPPUR P.O., PATTAMBI TALUK,
         PALAKKAD DISTRICT.
    2    SIDAN AHAMMED
         AGED 5 YEARS
         S/O.AHAMMED SHABEER, MINOR, REPRESENTED BY
         NATURAL GUARDIAN MOTHER 1ST APPELLANT, JESEELA,
         AGED 30 YEARS, D/O.MUHAMMED KUTTY, KANAKKAKKAL
         HOUSE, KOZHIKKARA, KAPPUR P.O., PATTAMBI TALUK,
         PALAKKAD DISTRICT.
         BY ADVS.
         I.V.PRAMOD
         K.V.SASIDHARAN


RESPONDENT/S:

    1    AHAMMED SHABEER K.P.
         AGED 34 YEARS
         S/O.YOUSAF, KIZHAKKEPATTUTHODI HOUSE, VALLAPPUZHA
         VILLAGE, PATTAMBI TALUK - 679 336.
                                     2
Mat.Appeal No.725 of 2021




     2          YOUSAF
                AGED 66 YEARS
                S/O.KUNJANTHA HAJI, KIZHAKKEPATTUTHODI HOUSE,
                VALLAPPUZHA VILLAGE, PATTAMBI TALUK - 679 336.
     3          AHAMMED SHEREEF K.P.
                AGED 30 YEARS
                S/O.YOUSAF, KIZHAKKEPATTUTHODI HOUSE,
                VALLAPPUZHA VILLAGE, PATTAMBI TALUK - 679 336.


         THIS     MATRIMONIAL   APPEAL     HAVING      COME    UP    FOR
ADMISSION        ON   23.03.2023,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                    3
Mat.Appeal No.725 of 2021



                            JUDGMENT

Anil K.Narendran, J.

The appellants herein-wife and minor child filed

O.P.No.15 of 2017 before the Family Court, Ottapalam,

against the 1st respondent herein-husband and his father and

brother, seeking return of gold ornaments or its cost amount

and past maintenance, under Section 7(1)(c) and (f) of the

Family Courts Act, 1984. By the judgment and decree dated

30.07.2021, O.P.No.15 of 2017 was allowed only in part, by

directing the 1st respondent-husband to return 91.702

sovereigns of gold ornaments or its present market value with

6% interest from the date of the order till realisation to the 1 st

appellant herein. Feeling aggrieved, the appellants have filed

this appeal under Section 19 of the Family Courts Act.

3. On 04.02.2022, when the matter came up for

admission, this Court admitted the matter on file and urgent

notice by speed post was issued to the respondents.

4. Today, when this matter is taken up for

consideration, the leaned counsel for the appellants seeks

Mat.Appeal No.725 of 2021

permission to withdraw this appeal since the parties have

settled the disputes.

Based on the aforesaid submission made by the learned

counsel for the appellants, this appeal is dismissed as

withdrawn.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE PV/dkr