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2018 Supreme(Ker) 580

C.K.ABDUL REHIM, R.NARAYANA PISHARADI
Raji Mohan D/o. Lekha Raj Mohan – Appellant
Versus
Aji. A. S S/o. Late Sreekumar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Smt. Majida S.
For the Respondent: Sri. D. Ganesh Kumar, Sri. R. Ram Mohan

JUDGMENT :

R. Narayana Pisharadi, J.

The appellant is the wife and the respondent is the husband.

2. The respondent filed O.P.No.985/2012 in the Family Court for granting a decree of divorce. The appellant filed written statement in O.P.No.985/2012 along with a counter-claim against the husband and his parents for return of gold ornaments and realisation of money. As per the judgment dated 09.11.2017, the Family Court dismissed for default the petition for divorce filed by the husband. This appeal is filed by the wife raising a plea that the Family Court has not disposed of the counter-claim filed by her.

3. We have heard learned counsel for the appellant as well as the respondent.

4. Learned counsel for the respondent contended that the appeal is not maintainable at the instance of the wife against the dismissal of the petition for divorce which was filed by her husband. There is merit in this contention. There is no appealable decree or order passed against the wife in the petition for divorce. It is true that the wife had filed counter-claim against the husband and his parents. But, the lower court has not passed any appealable decree or order in the counter-claim. Therefore, the app











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