Kerala High Court
Shereena.K vs Faisal T.M on 9 February, 2024
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
FRIDAY, THE 9TH DAY OF FEBRUARY 2024 / 20TH MAGHA, 1945
MAT.APPEAL NO. 303 OF 2020
AGAINST THE COMMON ORDER/JUDGMENT DTD.29.4.2019 IN
OP 1351/2016 OF FAMILY COURT,THRISSUR
APPELLANT:
SHEREENA.K
AGED 35 YEARS
D/O.BEERAVU, KOMATHETHIL HOUSE, MOOKKUTHALA P.O.,
NANNAMUCK VILLAGE, PONNANI TALUK,
MALAPPURAM DISTRICT-679574.
BY ADV GANGESH K B
RESPONDENTS:
1 FAISAL T.M
AGED 41 YEARS
S/O.MOIDUNNI, THEKKATH VALAPPIL HOUSE,
KALLUPURAM, KADAVALLUR P.O., TALAPPILLY TALUK,
THRISSUR DISTRICT-680543.
2 MOIDUNNI,
AGED 71 YEARS
S/O.KASIM, THEKKATH VALAPPIL HOUSE, KALLUPURAM,
KADAVALLUR P.O., TALAPPILLY TALUK,
THRISSUR DISTRICT-680543.
3 KHADEEJA,
AGED 63 YEARS,
W/O.MOIDUNNI, THEKKATH VALAPPIL HOUSE,
KALLUPURAM, KADAVALLUR P.O., TALAPPILLY TALUK,
THRISSUR DISTRICT-680543.
BY ADVS.
AHAMED FAZIL E.C.
P.E.SAJAL(K/921/2012)
THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION
ON 09.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Mat.Appeal No.303 of 2020
2
AMIT RAWAL & C.S. SUDHA, JJ.
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Mat. Appeal No.303 of 2020
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Dated this the 09th day of February, 2024
JUDGMENT
Amit Rawal , J .
This Court, on 07th of December, 2023 had passed a
detailed order.
2. Learned counsel appearing on behalf of the 1 st
respondent/husband informed that an amount of
Rs.10,00,000/- (Rupees Ten lakhs only) has been paid to the
appellant as evident from the copy of the memo showing
the receipt of Rs.10,00,000/- (Rupees Ten lakhs only).
Counsel for the non-applicant appellant/wife did not deny
this fact. Appeal is, thus rendered infructuous.
3. Counsel for the appellant seeks the liberty of this
Court that the amount of Rs.10,00,000/- (Rupees Ten lakhs
only) deposited, as evident from the receipt, may be
permitted to withdraw the same. Ordered accordingly. In
this view of the matter, attachment order passed by this
Court is vacated.
4. It is further submitted that there is already an
interim order qua the residence granted to the wife and the
matter is subjudice before the Magistrate. It is made clear
that this order shall not be construed to be an expression or
opinion on merits.
Mat. Appeal is dismissed as infructuous.
Sd/-
AMIT RAWAL
JUDGE
Sd/-
C.S. SUDHA
JUDGE
skj
APPENDIX OF MAT.APPEAL 303/2020
RESPONDENTS' ANNEXURES
Annexure R1(a) True copy of the Sale Deed No. 586 of
2011 dated 5.3.2011 of Sub Registrar
Office, Akkikkavu
Annexure R1(b) True copy of the Location Sketch dated
21.6.2023 issued by the Village Officer,
Karikkad Group
Annexure R1(c) True copy of the basic land tax receipt
dated 28.3.2023 issued by the Village
Officer, Kadavallur
Annexure R1(d) True copy of the Encumbrance Certificate
No. 3932/23 dated 20.6.2023 for the
period from 1.1.1994 to 19.6.2023 issued
from Sub Registrar Office, Akkikkavu
DOCUMNET Receipt dated 22.01.2024 issued by the
Sheristadar, Family Court, Thrissur
DOCUMNET True copy of Pay in Slip dated
22.01.2024 endorsed by Family Court,
Thrissur issued by District Traeasury,
Thrissur
