PANNIYANIKKAL BRIDGIT DEVASSIA Vs. PANNIYANIKKAL DEVASSIA

JUDGEMENT

(1.) Since both these appeals arise out of a common judgment dated 23/4/2016 in OP Nos.508/2013 and 633/2015, the same are heard and decided together.

(2.) Both these appeals are filed by the wife of the respondent herein who was the petitioner in OP No.633/2015 and respondent in OP No.508/13 of the Family Court, Kannur.

(3.) The short facts involved are as under:- Parties are referred to as shown in OP No.508/13 unless otherwise stated. Petitioner and respondent got married on 21/4/1980. It is stated that while the marital relationship was cordial, the properties scheduled to the petition were purchased by the petitioner in the name of the petitioner and the respondent jointly. It is contended that there was an arrangement between the parties by which the respondent proposed to exchange her rights over the petition schedule property with 1 acre 4 cents owned by the petitioner. Therefore, he executed documents in respect of 1 acre 4 cents in favour of the respondent, whereas the respondent did not execute any document in his favour. She started quarrelling with the petitioner and ultimately he was compelled to vacate the building in plaint schedule item No.3. He sought for partition claiming that they are co-owners in respect of the property and accordingly sought for a preliminary decree of partition of the petition schedule property.