Mareena vs C.M. Lukose - 2026 Supreme(Online)(Ker) 66851

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2026 Supreme(Online)(Ker) 66851

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Anil K. Narendran, Muralee Krishna S., JJ
Mareena – Appellant
Versus
C.M. Lukose – Respondent
MAT.APPEAL NO. 281 OF 2020 | OPGW NO.34 OF 2016

Important Points

A matrimonial appeal concerning the custody of minor children abates when the appellant dies and the children attain majority, as the subject matter of the litigation ceases to exist.

Subject

Family Law - Guardianship and Custody

Act Referred

Family Courts Act, 1984: S.19
Guardians and Wards Act, 1890: S.47

Headnote

(A) Matrimonial Appeal - Abatement - Death of Appellant and Attainment of Majority - Where the appellant has passed away and the minor children, whose custody was the subject matter of the appeal, have attained majority, the appeal is liable to be dismissed as abated.

Issues: Whether the matrimonial appeal abates upon the death of the appellant and the children attaining majority.

Legal Category Hierarchy

Advocates:
For the Appellants/Petitioners: S S H R R I I . . R T . . K J R A I Y S A HN K A RI K S UM HN A A R N ( CHERTHALA)
For the Respondents: A. Parvathi Menon, P. Sanjay

THIS MATRIMONIAL APPEAL WAS FINALLY HEARD ON 12.10.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Muralee Krishna, J.

The respondent in O.P. (G&W) No.34 of 2016 on the file of the Family Court, Alappuzha, filed this appeal under Section 19 of the Family Courts Act, 1984, read with Section 47 of the Guardians and Wards Act, 1890, challenging the judgment dated 26.02.2020 passed by the Family Court in that original petition.

By the impugned judgment, the Family Court declared the petitioner in the original petition, who is the respondent herein, as the guardian of the person of his minor daughters. Some consequential reliefs are also granted by the Family Court in that judgment.

On 25.05.2020, when this appeal came up for admission, this Court admitted the same on file and issued notice by speed post to the respondent. Thereafter, on 08.03.2021, this Court, after interacting with the parties and also with the younger child, issued an interim order pertaining to the custody of the children. Paragraph 2 of that order read thus;

“2. After interacting with the parties, we are of the view that the following arrangements can be made for the time being:-

(i) The father shall have custody of the children from Sunday5.00 p.m. to Friday 5 p.m.

(ii) On Friday, the father should hand over the children to the mother at St.Xavier's Church, Kannankara, which is very close to the mother's house, at 5.00 p.m.

(iii) The mother shall return the children at the very same premises on Sunday evening at 5.00 p.m.

(iv) During the summer vacation, in the first half, the children shall stay with the mother and during the second half, the children shall stay with the father.

(v) During Easter, on Thursday and Friday, the children shall stay with the mother and on Friday evening, the children shall be handed over to the father.

(vi) The above arrangement regarding custody will continue until further orders”.

Subsequently, by the order dated 08.07.2021, this Court made an attempt for amicable settlement of the dispute by ordering the parties to appear for counselling before the Counsellor mentioned in that order. Thereafter, though mediation was also attempted, the matter did not settle.

Today, when this matter is taken up for consideration, the learned counsel for the appellant submitted that the appellant is no more and therefore the appeal is abated. It is further submitted by the learned counsel that the children of the appellant and respondent have now attained majority.

Based on the aforesaid submission of the learned counsel for the appellant, this Mat. Appeal is dismissed as abated.