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2017 Supreme(Ker) 889

A.M.SHAFFIQUE, ANU SIVARAMAN
K. M. Mathew @ Dayee – Appellant
Versus
Giji Mathew @ Giji M. S. – Respondent


Advocates Appeared:
For the Appellant :K. Gopalakrishna Kurup, Sr. Advocate, K. Deepa (Payyanur), K. Suresh, Advocates.
For the Respondent:M.J. Thomas, Advocate.

JUDGMENT :

Shaffique, J.

1. The appeal is filed by the 1st respondent in OP No.424/2005 of the Family Court, Kottayam challenging the judgment by which the Original Petition had been decreed declaring the 1st respondent herein as the owner and title holder of the petition schedule property and further declaring that Ext.A2 settlement deed is not binding on her. A permanent prohibitory injunction is also granted restraining the appellant and the 2nd respondent from trespassing into the property or alienating the same.

2. The facts involved in the present appeal as borne out from the pleadings are as under. For easy reference, the parties are described as shown in the Original Petition. The petitioner and the 1st respondent got married on 1/11/1987 following Christian rites and ceremonies. 3 children were born to them in the wedlock. The 1st respondent is a permanent resident of United States of America and he has got citizenship. The contention urged by the petitioner is that 1st respondent deserted her and the children. An attempt was made by the 1st respondent in the year 1999 to sell the petition schedule property. According to the petitioner, the said property was purchased with th






















































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