Kerala High Court
Vinesh Kumar Pillai vs Rajamathangi Senthilkumari on 31 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
MAT.APPEAL NO. 979 OF 2018
AGAINST THE ORDER DATED 24.09.2018 RETURNING G.O.P.
(UNNUMBERED)/2018 ON THE FILE OF OF FAMILY COURT,
MAVELIKKARA
APPELLANT/PETITIONER IN G.O.P.(UNNUMBERED)/2018 :
VINESH KUMAR PILLAI,
AGED 41 YEARS,
S/O K.C.S.PILLAI, MADATHIL KIZHAKKATHIL HOUSE
KIDANGAYAM, PADANILAM P.O., NOORANAD VILLAGE,
ALAPUZHA (DT) NOW RESIDING AT 5/20 STAMFORD STREET
PARKSIDE, SOUTH AUSTRALIA 5063.
REPRESENTED THROUGH HIS POWER OF ATTORNEY
SRI. K.CHANDRASEKHARA PILLAI
S/O KESAVA PILLAI, AGED 75,
MADATHIL KIZHAKKATHIL HOUSE, KIDANGAYAM,
PADANILAM (PO), NOORANAD VILLAGE, ALAPUZHA (DT)
KERALA, PHONE 9447390517, NOORNADU POLICE STATION.
BY ADVS.
SADHANA KUMARI ESWARI
VIJEENDRA CHANDRAN
RESPONDENT/RESPONDENT PETITIONER IN O.P.(NUMBERED)/2018 :
RAJAMATHANGI SENTHILKUMAR
W/O VINESH KUMAR, AGED 36/2018,
D/O M. SENTHIL KUMAR, PLOT NO.120/1,
SUBHA CHITRA APARTMENT, 2ND MAIN ROAD,
ASHTALAKSHMI NAGAR, VALASARAVAKKAM,
CHENNAI, CHENNAI POLICE STATION,
PH.NO.9629008358
THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON
31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Mat. Appeal No.979 of 2018 2
JUDGMENT
Anil K. Narendran, J.
The appellant herein is the petitioner in O.P. No.1216 of
2018 on the file of the Family Court, Mavelikkara which was filed
seeking a decree of divorce against the respondent-wife. The
appellant had also filed another petition before the Family Court,
Mavelikkara for declaring him as the guardian of the minor child.
2. On 24.09.2018, when that Original Petition for declaration
a the guardian of the minor child was taken up for consideration,
the Family Court ordered thus;
" Returned for presentation before proper court since the
parties and minor child are residing beyond the territorial
limits of the court".
3. Feeling aggrieved, the appellant is before this Court in
this appeal, invoking the provisions under Section 19(1) of the
Family Court Act, 1984, for a direction to the Family Court,
Mavelikkara to accept the petition under Section 6 of the Hindu
Minority and Guardianship Act for declaration of the appellant as
the guardian of the minor child and for ancillary reliefs.
4. On 23.10.2018, when this appeal came up for admission,
this Court issued notice to the respondent by speed post
returnable within two weeks.
5. Today, when this matter is taken up for consideration, the
learned counsel for the appellant would submit that since the
dispute between the parties have already been settled out of
court, the appellant does not intend to prosecute this appeal
further.
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
NS
