Sudheesh vs Smitha
2024 Latest Caselaw 30951 Ker

Kerala High Court

Sudheesh vs Smitha on 23 October, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

                                  &

             THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA

   WEDNESDAY, THE 23RD DAY OF OCTOBER 2024 / 1ST KARTHIKA, 1946

                      MAT.APPEAL NO. 574 OF 2018

        AGAINST THE JUDGMENT DATED 30.12.2016 IN OP NO.605 OF 212 OF

FAMILY COURT, IRINJALAKUDA

APPELLANT/PETITIONER:

            SUDHEESH
            AGED 36 YEARS, S/O. KALAPPURAKKAL DHARMARAJAN, NEAR
            KALAMURI PADINJARU BALIPARAMBU COLONY, KAIPAMANGALAM
            VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT - 680
            681.


            BY ADV SRI.RAJIT


RESPONDENTS/RESPONDENTS:

    1       SMITHA
            AGED 26 YEARS, D/O. KARANATH VEETIL ASHOKAN, PAZHUVIL
            WEST,KURUMBILAVU VILLAGE, THRISSUR TALUK - 686 301.

    2       DHARMARAJAN
            AGED 70 YEARS, S/O. KALAPPURAKKAL KRISHNAN, NEAR
            KALAMURI PADINJARU BALIPARAMBU COLONY, KAIPAMANGALAM
            VILLAGE,KODUNGALLUR TALUK, THRISSUR DISTRICT - 680 681.

    3       SUNANDA
            AGED 65 YEARS, W/O. DHARMARAJAN, NEAR KALAMURI
            PADINJARU BALIPARAMBU COLONY, KAIPAMANGALAM
            VILLAGE,KODUNGALLUR TALUK, THRISSUR DISTRICT - 680 681.

    4       SUMESH
            AGED 32 YEARS, S/O. KALAPPURAKKAL DHARMARAJAN,
            NEARKALAMURI PADINJARU BALIPARAMBU COLONY,
            KAIPAMANGALAM VILLAGE,KODUNGALLUR TALUK, THRISSUR
            DISTRICT - 680 681.
                                                        2024:KER:79926
[Mat.Appeal Nos.574/2018, 297/2018]

                                   2


            BY ADVS.
            SRI.ASHWIN SETHUMADHAVAN
            SRI.A.JAYASANKAR
            SRI.V.V.JOY
            SRI.MANU GOVIND
            SMT.B.MEERA
            SRI.S.SABARINADH



     THIS   MATRIMONIAL   APPEAL   HAVING   BEEN   FINALLY   HEARD   ON
23.10.2024, ALONG WITH Mat.Appeal.297/2018, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
                                                        2024:KER:79926
[Mat.Appeal Nos.574/2018, 297/2018]

                                   3

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

             THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

                                   &

              THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA

   WEDNESDAY, THE 23RD DAY OF OCTOBER 2024 / 1ST KARTHIKA, 1946

                      MAT.APPEAL NO. 297 OF 2018

        AGAINST THE JUDGMENT DATED 30.12.2016 IN OP NO.529 OF 2012 OF

FAMILY COURT, IRINJALAKUDA

APPELLANT/PETITIONER:
           SUDHEESH
           AGED 36 YEARS, S/O. KALAPPURAKKAL DHARMAJAN, NEAR
           KALAMURI PADINJARU BALIPARAMBU COLONY, KAIPAMANGALAM
           VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT - 680
           681.

           BY ADV SRI.RAJIT
 RESPONDENTS/RESPONDENTS:
     1     SMITHA
           AGED 26 YEARS, D/O. KARANATH VEETIL ASHOKAN, PAZHUVIL
           WEST, KURUMBILAVU VILLAGE, THRISSUR TALUK - 680 001.

    2        SMITH
             AGED 30 YEARS, S/O. KARANATH VEETIL ASHOKAN, PAZHUVIL
             WEST, KURUMBILAVU VILLAGE, THRISSUR TALUK - 680 001.

            BY ADVS.
            SRI.A.JAYASANKAR
            SRI.MANU GOVIND

   THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 23.10.2024,
ALONG WITH Mat.Appeal.574/2018, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
                                                         2024:KER:79926
[Mat.Appeal Nos.574/2018, 297/2018]

                                    4
                            JUDGMENT

DEVAN RAMACHANDRAN (J)

It is stated by the learned counsel for the

respondents that the appellant died as early as on

03.03.2019. He has also filed a Memo on record on

02.10.2024.

Sri.Rajit - learned counsel for the

appellant, submitted that he has no instructions.

In the afore circumstances, these appeals

are dismissed finding it to have abated.

Sd/-

DEVAN RAMACHANDRAN JUDGE

Sd/-

M.B. SNEHALATHA JUDGE

SAS