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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DEVAN RAMACHANDRAN, M.B. SNEHALATHA, JJ
SEETHAL P.S. – Appellant
Versus
MANUMON – Respondent
| Table of Content |
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| 1. execution of decree challenges must align with mutual consent outcomes. (Para 1 , 2 , 3) |
| 2. court's directive to reconsider based on factual clarification. (Para 4 , 6 , 7) |
| 3. counsel asserts misinterpretation underlying the family court's dismissal. (Para 5) |
Devan Ramachandran , J.
The appellant challenges the order of the learned Family Court, Pathanamthitta, in EP No.17/2024 in OP (Others)
No.922/2022.
2. Concededly, the aforementioned Original Petition had been decreed based on a compromise between the parties (though there is an allegation that the said settlement had not been signed by respondents 2 and 3 herein); but, on the imputation that the same has not been complied with by the respondents herein, the appellant levied execution.
3. The learned Family Court has, however, dismissed the Execution Petition as not being maintainable for the reason that, as per the compromise, the parties ought to have filed a petition for divorce through mutual consent; and that it is only then, that the first respondent herein is obligated to return the money and the gold of the petitioner.
4. We have issued notice to the respondents, but though they have accepted the same, they
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