Subash V.K vs Shylaja A
2024 Latest Caselaw 4604 Ker

Kerala High Court

Subash V.K vs Shylaja A on 6 February, 2024

Author: Anu Sivaraman

Bench: Anu Sivaraman

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
                                      &
             THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
     TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
                     MAT.APPEAL NO. 904 OF 2022
AGAINST THE ORDER/JUDGMENT OP 54/2018 OF FAMILY COURT, THIRUVALLA
APPELLANTS/RESPONDENTS:

    1       SUBASH V.K.
            AGED 48 YEARS
            S/O.T.DAMODARAN, ANAPRAMBAL VADAKKUMURI
            VAZHAKKOOTTATHIL, THALAVADI PANCHAYATH, THALAVADI
            VILLAGE, KUTTANAD TALUK, ALAPPUZHA, PIN - 689572
    2       CHELLAMMA DAMODHARAN
            AGED 76 YEARS
            M/O.SUBASH V.K., W/O.DAMODHARAN, ANAPRAMBAL VADAKKUMURI
            VAZHAKKOOTTATHIL, THALAVADI PANCHAYATH, THALAVADI
            VILLAGE, KUTTANAD TALUK, ALAPPUZHA, PIN - 689572
    3       SUSEELAMANI
            AGED 52 YEARS
            SISTER OF SUBHASH V.K., D/O.DAMODHARAN,
            ANAPRAMBAL VADAKKUMURI VAZHAKKOOTTATHIL, THALAVADI
            PANCHAYATH, THALAVADI VILLAGE, KUTTANAD TALUK,
            ALAPPUZHA, PIN - 689572

            M.R.ARUNKUMAR
            P.SHAMMI NAVAS
RESPONDENT/PETITIONER:

            SHYLAJA A.
            AGED 41 YEARS
            D/O.NARAYANAN, CHIRACKAL HOUSE, NEDUMPRAM VILLAGE,
            THIRUVALLA TALUK, PATHANAMTHITTA, PIN - 689110
            BY ADV K.N.RADHAKRISHNAN (THIRUVALLA)

     THIS   MATRIMONIAL   APPEAL    HAVING   COME   UP   FOR   ADMISSION   ON
06.02.2024, ALONG WITH Mat.Appeal.89/2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 MAT.APPEAL NOS.904/2022 & 89/2023

                                       2



               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
                                       &
             THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
      TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
                       MAT.APPEAL NO. 89 OF 2023
     AGAINST THE ORDER/JUDGMENT OPHMA 80/2018 OF FAMILY COURT,
                                THIRUVALLA
APPELLANT/RESPONDENT:

            SUBASH V.K.
            AGED 48 YEARS
            S/O.T.DAMODARAN , ANAPRAMBAL VADAKKUMURI
            VAZHAKKOOTTATHIL, THALAVADI PANCHAYATH, THALAVADI
            VILLAGE, KUTTANAD TALUK, ALAPPUZHA, PIN - 689572

            BY ADVS.
            M.R.ARUNKUMAR
            P.SHAMMI NAVAS


RESPONDENT/PETITIONER:

            SHYLAJA A.
            AGED 41 YEARS
            D/O.NARAYANAN, CHIRACKAL HOUSE, NEDUMPRAM VILLAGE,
            THIRUVALLA TALUK, PATHANAMTHITTA, PIN - 689110

            BY ADV K.N.RADHAKRISHNAN (THIRUVALLA)

     THIS   MATRIMONIAL    APPEAL    HAVING   COME   UP   FOR   ADMISSION   ON
06.02.2024, ALONG WITH Mat.Appeal.904/2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 MAT.APPEAL NOS.904/2022 & 89/2023

                                      3


                               JUDGMENT

[Mat. Appeal Nos.904/2022 & 89/2023] Dated this the 6th day of February, 2024 Anu Sivaraman, J.

It is submitted by the learned counsel for the appellant that the cost

of Rs.5,000/- ordered by order dated 10.01.2024 has not been paid.

2. We notice that the defence of the appellant would be struck off due

to his refusal to pay maintenance. Even in these proceedings, he has not

shown any bona fides and has not placed anything on record to show that

he was unable to pay the maintenance as ordered by the Family Court.

In the above view of the matter, we are not inclined to condone the

delay in filing these appeals. The applications for condonation of delay,

therefore, fails and the same are, accordingly, dismissed. The

matrimonial appeals shall also stand dismissed.

Sd/-

ANU SIVARAMAN, JUDGE

Sd/-

C. PRATHEEP KUMAR, JUDGE NP MAT.APPEAL NOS.904/2022 & 89/2023

APPENDIX OF MAT.APPEAL 904/2022

PETITIONERS' ANNEXURES

Annexure A1 COPY OF THE MEDICAL RECORDS ISSUED BY DR.

ROSHNI S.

RESPONDENT'S ANNEXURES: NIL