Ibrahimkutty vs Sulaikha
2024 Latest Caselaw 9230 Ker

Kerala High Court

Ibrahimkutty vs Sulaikha on 3 April, 2024

Author: Raja Vijayaraghavan

Bench: V Raja Vijayaraghavan

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
                                     &
                    THE HONOURABLE MR. JUSTICE P.M.MANOJ
         Wednesday, the 3rd day of April 2024 / 14th Chaithra, 1946
                 IA.NO.1/2024 IN MAT.APPEAL NO. 74 OF 2024
              OP 373/2017 OF FAMILY COURT, TIRUR, MALAPPURAM.
APPLICANT/APPELLANT:

     IBRAHIM KUTTY, AGED 59 YEARS, S/O. YOOSUF KOORMATH, MAMBATTA,
     MUKKAM K.M.C.T. MEDICAL COLLEGE JUNCTION, MUKKAM P.O., KOZHIKODE
     TALUK, KOZHIKODE DISTRICT, PIN - 673602

RESPONDENT/RESPONDENT:

     SULAIKHA, AGED 55 YEARS,PICHAM VEETTIL, D/O. SAITHALIKUTTY, KOORMATH
     HOUSE, N.K.ROAD, TIRURANGADI, KAKKAD VIA, TIRURANGADI
     TALUK,TIRURANGADI P.O., MALAPPURAM DISTRICT, PIN - 673606


     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 29.09.2023 in O.P.373/2017 before the Family court,
Tirur, pending disposal of the Matrimonial appeal, in the interest of
justice.


     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 T.S.SREEKUTTY Advocates for the applicant, and
of M/S.MOHAMED JAMEEL P.K., SUHARABI KANNETH and SMRITHI HARRIS Advocates
for the respondent, the court passed the following:




                                                                 p.t.o.
            RAJA VIJAYARAGHAVAN V & P.M.MANOJ, JJ.
                 -------------------------------------
                    Mat.Appeal No.74 of 2024
                -------------------------------------------
              Dated this the 3rd day of April 2024

                                ORDER

Raja Vijayaraghavan, J.

This is an application to condone the delay of 44 days in

preferring the appeal.

Heard.

Having considered the submissions, the delay will stand

condoned in the interest of justice.

Having considered the submissions of Sri. Jamsheed Hafiz, the

learned counsel appearing for the appellant, the execution of the

order dated 29.09.2023 passed by the Family Court, Tirur in O.P. No.

373/2017 will remain stayed subject to the following conditions:

a) The appellant shall furnish security for the decree amount

to the satisfaction of the Family Court.

b) The appeallant shall clear the maintenance arrears of

Rs. 1,44,000/ as of date, less the amount if any paid, in

two instalments, first of which shall be payable on or

before the 15.05.2024 and the balance amount shall be

paid on or before 15.06.2024. He shall continue to pay

the monthly maintenance as ordered by the Family Court

Post for hearing after summer vacation.

sd/-

RAJA VIJAYARAGHAVAN V, JUDGE

sd/-

P.M.MANOJ JUDGE DCS

03-04-2024 /True Copy/ Assistant Registrar