G.Harikumar vs P.S.Keerthi
2024 Latest Caselaw 14246 Ker

Kerala High Court

G.Harikumar vs P.S.Keerthi on 29 May, 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 29th day of May 2024 / 8th Jyaishta, 1946
                         MAT.APPEAL NO. 184 OF 2022
                    OP 21/2015 OF FAMILY COURT, CHAVARA.
APPELLANT(S)/RESPONDENTS:

  1. G.HARIKUMAR, AGED 49 YEARS, S/O. P.GOPINATHAN PILLAI, RESIDING AT
     MUKKATTU VEEDU @ NARAYANEEYAM, KOTTANKULANGARA WARD, CHAVARA
     VILLAGE, CHAVARA PANCHAYAT, KOLLAM DISTRICT, PIN - 690524.
  2. VIJAYAKUMARY, AGED 76 YEARS, W/O. P. GOPINATHAN PILLAI, RESIDING AT
     MUKKATTU VEEDU @ NARAYANEEYAM, KOTTANKULANGARA WARD, CHAVARA
     VILLAGE, CHAVARA PANCHAYAT, KOLLAM DISTRICT, PIN - 690524.

    BY ADVS P.CHANDRASEKHAR, K.K.MOHAMMED RAVUF, SATHEESH V.T., AND MANJARI
    G.B.
RESPONDENT/PETITIONER

     P.S.KEERTHI, AGED 35 YEARS, W/O. HARIKUMAR, NOW RESIDING AT
     TRIPUNITHARA, HAVING PERMANENT ADDRESS AT KEERTHI BHAVAN,
     THAZHUTHALA CHERRY, KOTTIYAM P.O., ADICHANALLOOR VILLAGE, KOLLAM
     DISTRICT, PIN - 691571.

    BY ADVS.M/S.UMMUL FIDA,C.IJLAL AND NIMMY JOHNSON

     This Matrimonial Appeal having come up for orders on 29.05.2024
along with Mat.Appeal 153 and 183 of 2022, the court on the same day
passed the following:




                                                                 P.T.O.
             RAJA VIJAYARAGHAVAN V & P.M.MANOJ, JJ.
             -----------------------------------------------
              Mat.Appeal Nos.153, 183 & 184 of 2022
               -------------------------------------------
                Dated this the 29th day of May 2024


                                    ORDER

Raja Vijayaraghavan, J.

We have heard the learned counsel appearing for the appellants as well

as the respondent.

2. The learned counsel for the appellants submitted that there is a

delay of over 700 days in preferring these appeals and request that the same

be condoned.

3. Detailed objection has been filed by the respondent.

4. We find that the judgment under challenge was rendered by the

Family Court on 28.02.2018. There is a delay of more than two years in filing

the petition. The learned counsel appearing for the respondent submitted that

the parties had undergone Chamber mediation on more than one occasion and

the appellants had agreed to settle the disputes. The respondent/wife had

agreed to the prayer for grant of divorce. The learned counsel submits that it

is in order to evade the execution proceedings which has reached the final

stage that this belated appeal has been preferred.

Mat.Appeal Nos.153, 183 & 184 of 2022

5. After arguing some time, both sides stated before us that they

are willing to have a mediated settlement and requests that the matter be

posted before the Kerala High Court Mediation Centre. The parties shall appear

before the Kerala High Court Mediation Centre on 03.06.2024 at 10.15 a.m.

Post on 20.06.2024 along with mediation report.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

Sd/-

P.M.MANOJ JUDGE

ncd

29-05-2024 /True Copy/ Assistant Registrar