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Against The Common Order Dated … vs 2 Jyothish U.Nair (Minor) on 7 November, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
THURSDAY, THE 07TH DAY OF NOVEMBER 2019 / 16TH KARTHIKA,
1941
Mat.Appeal.No.148 OF 2013
AGAINST THE COMMON ORDER DATED 31-10-2012 IN OP NO.853/2010
OF FAMILY COURT, KOTTARAKKARA

APPELLANTS/PETITIONERS

1 USHAKUMARI AMMA,
AGED 42 YEARS,D/O.LEKSHMIKUTTY AMMA, KADAMBARA
VEEDU,PADINJARE VAYALA MURI, KOTTUKKAL VILLAGE,
KOTTARAKKARA TALUK.

2 JYOTHISH U.NAIR (MINOR),
AGED 9 YEARS, KADAMBARA VEEDU, PADINJARE VAYALA
MURI, KOTTUKKAL VILLAGE, KOTTARAKKARA TALUK,
REP. BY HIS GUARDIAN MOTHER-THE 1ST APPELLANT.

RESPONDENTS/RESPONDENTS:

1 UNNIKUMARAN NAIR,
AGED 50 YEARS,
S/O.P.KUMARAN NAIR, KUMAR NIVAS, MATHRA P.O.,
KARAVALOOR VILLAGE, PATHANAPURAM TALUK, KOLLAM
DISTRICT, PIN – 691 315.

2 KUMARAN NAIR
AGED 82 YEARS
KUMAR NIVAS, MATHRA P.O., KARAVALOOR VILLAGE,
PATHANAPURAM TALUK,
KOLLAM DISTRICT, PIN – 691 315.

3 MEENAKSHI AMMA, W/O.KUMARAN NAIR
AGED 77 YEARS,KUMAR NIVAS, MATHRA P.O.,
KARAVALOOR VILLAGE, PATHANAPURAM TALUK, KOLLAM
DISTRICT, PIN – 691 315.

THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON
07.11.2019, ALONG WITH Mat.Appeal.170/2013, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
Mat.Appeal Nos.148 and 170 of 2013

:-2-:

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
THURSDAY, THE 07TH DAY OF NOVEMBER 2019 / 16TH KARTHIKA, 1941
Mat.Appeal.No.170 OF 2013
AGAINST THE COMMON ORDER DATED 31-10-2012 IN OP 718/2010 OF
FAMILY COURT, KOTTARAKKARA

APPELLANT/PETITIONER:

UNNIKUMARAN NAIR,
AGED 50 YEARS,S/O P.KUMARAN NAIR, RESIDING AT KUMAR
NIVAS, MATHRA P.O., KARAVALUR VILLAGE, PATHANAPURAM
TALUK, KOLLAM DISTRICT.

BY ADVS.SRI.BINU GEORGE
SMT.HEMALATHA

RESPONDENTS/RESPONDENTS:

1 USHAKUMARI.L.
AGED 42 YEARS,D/O RAGHAVAN PILLAI, RESIDING AT
KADAMBARA VEEDU, WEST VAYALA, P.O. KOTTUKKAL
VILLAGE, PATHANAPURAM TALUK,KOLLAM DISTRICT-691306.

2 RAVEENDRAN PILLAI
AGED 54 YEARS,RESIDING AT KADAMBARA VEEDU, WEST
VAYALA, P.O. KOTTUKKAL VILLAGE, PATHANAPURAM TALUK,
KOLLAM DISTRICT-691306.

R1 BY ADV. SMT.PREMLATHA K.NAIR
R2 BY ADVS. SRI.C.RAJENDRAN
SMT.R.S.SREEVIDYA

THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON
07.11.2019, ALONG WITH Mat.Appeal.148/2013, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
Mat.Appeal Nos.148 and 170 of 2013

:-3-:

Dated this the 7th day of November, 2019

J U D G M E N T

SHAFFIQUE, J.

These two appeals arise out of a common order

dated 31.10.2012 in O.P.Nos.718 of 2010 and 853 of

2010. Mat.Appeal No.170 of 2013 has been filed by the

husband challenging the order in O.P.No.718 of 2010,

by which, his claim for divorce has been dismissed.

Mat.Appeal No.148 of 2013 has been filed by the wife

and minor children challenging the order in

O.P.No.853 of 2010, in which she claimed return of

gold ornaments and money. There were two other

petitions. One is filed by the wife for maintenance

and other one is filed under the Guardians and SectionWards

Act, 1890. Despite the fact that the parties have

raised various contentions, no evidence was adduced

by either side. The Family Court, therefore,

dismissed both the petitions on a finding that in the

absence of any evidence, no orders could be passed.
Mat.Appeal Nos.148 and 170 of 2013

:-4-:

Before this Court also, no attempt has been made for

adducing any evidence in any form. In the absence of

any evidence, there is no reason for us to consider

any of the grounds mentioned in the appeal. Though

the learned counsel for the appellant seeks further

opportunity to adduce evidence, in so far as the

parties were not interested to agitate their rights

at the appropriate time, there is no reason to give

any further opportunity in the matter. Mat.Appeals

are dismissed accordingly. No costs.

All pending interlocutory applications are

closed.

Sd/-

A.M.SHAFFIQUE
JUDGE

Sd/-

T.V.ANILKUMAR
JUDGE
ami/

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