IN THE HIGH COURT OF KERALA AT ERNAKULAM
Mat.Appeal.No. 791 of 2009()
1. P.RAJAMANI AMMA @ RADHA,
... Petitioner
Vs
1. K.S.PADMANABHAN NAIR,
... Respondent
For Petitioner :SRI.SIRAJ KAROLY
For Respondent :SRI.P.N.PURUSHOTHAMA KAIMAL
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :26/11/2009
O R D E R
R.BASANT & M.C.HARI RANI, JJ.
* * * * * * * * * * * * *
C.M.Appl.No.2912 of 2009 &
Mat.Appeal No.791 of 2009
———————————————-
Dated this the 26th day of November 2009
O R D E R & J U D G M E N T
Basant,J
This petition is to condone the delay of 817 days in filing a
Mat.Appeal. The appeal in turn is directed against an order
granting divorce under Section 13 of the Hindu Marriage Act.
That application was filed by the respondent herein.
2. The parties were before this court in another
Mat.Appeal No.273/07. That matter was referred to the Lok
Adalath. Parties settled their disputes before the Lok Adalath.
As a term of the said settlement, parties agreed to live together
after setting aside the order of divorce granted as per the
impugned order. It is accordingly that the parties belatedly have
come before this court to file this appeal. Respondent has
entered appearance. A learned counsel appears for him. The
learned counsel have placed before us the order passed by the
Lok Adalath dated 10/09/2009 in Mat.Appeal No.273/07. They
have also filed a joint statement dated 26/10/2009 duly signed by
the parties and countersigned by their counsel.
C.M.Appl.No.2912 of 2009 &
Mat.Appeal No.791 of 2009 2
3. We are, in these circumstances, satisfied that the
application for condonation of delay can be allowed. The appeal
can be admitted and allowed. The impugned order can be set
aside, as agreed.
4. In the result,
a) C.M.A.No.2912/07 is allowed. Delay of 817 days is
condoned.
b) Mat.Appeal No.791/09 is allowed as agreed by both
sides.
c) The impugned order granting divorce in
O.P.No.273/04 passed by the Family Court, Kottayam is set
aside.
d) O.P.No.273/04 shall stand dismissed.
(R.BASANT, JUDGE)
(M.C.HARI RANI, JUDGE)
jsr
// True Copy// PA to Judge
C.M.Appl.No.2912 of 2009 &
Mat.Appeal No.791 of 2009 3
C.M.Appl.No.2912 of 2009 &
Mat.Appeal No.791 of 2009 4
R.BASANT & M.C.HARI RANI, JJ.
.No. of 200
ORDER/JUDGMENT
29/07/2009