IN THE HIGH COURT OF KERALA AT ERNAKULAM
Mat.Appeal.No. 182 of 2008()
1. THENGILATH JAIFAR, S/O.MUHAMMEDKUTTY,
... Petitioner
Vs
1. PULINGANCHERI LISIYA, D/O.AVARANKUTTY,
... Respondent
2. FATHIMA HIDA, 3YEARS [MINOR]
For Petitioner :SRI.SAJU.S.A
For Respondent :SRI.K.M.SATHYANATHA MENON
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :28/06/2010
O R D E R
R.BASANT & M.C. HARI RANI,JJ
==============================
C.M. APPLICATION NO. 549 OF 2008 &
MAT APPEAL NO. 182 OF 2008
============================
DATED THIS THE 28TH DAY OF JUNE 2010
ORDER/JUDGMENT
Basant,J.
It is reported that the conditions imposed vide order dated
14/12/2009, which must have been complied with by 14/1/2010
have not been complied with so far. It is evident that the appellant
is not interested in taking advantage of the said order dated
14/12/2009.
2. The petition for condonation of delay shall hence stand
dismissed for non-compliance with the conditions imposed. The
Mat appeal shall consequently stand rejected as barred by
limitation.
R. BASANT, JUDGE
ks. M.C. HARI RANI,JUDGE
C.M. APPLN. IN MAT APPEAL NO. 182/2008
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ks.
R.BASANT & M.C. HARI RANI,JJ
==============================
C.M. APPLICATION NO. 549 OF 2008 &
MAT APPEAL NO. 182 OF 2008
============================
DATED THIS THE 14TH DAY OF DECEMBER 2009
ORDER
Basant,J.
This petition is to condone the delay of 34 days in filing an
appeal. The appeal in turn is directed against a direction to pay past
maintenance at the rate of Rs.2500/- per mensem to the wife and
Rs.1,000/- per mensem to the child. There was a further direction to
pay an amount of Rs.15,000/- for the treatment expenses of the wife.
This application is opposed. But notwithstanding the opposition, we
C.M. APPLN. IN MAT APPEAL NO. 182/2008
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are satisfied that a lenient view can be taken and the delay can be
condoned subject to appropriate terms and conditions. We are
satisfied that the appellant who is said to be a person employed
abroad can be directed to deposit the entire amount due under the
impugned order as condition for condonation of delay.
2. In the result:
a) This petition is allowed subject to conditions.
b)The delay shall stand condoned and this petition shall stand
allowed on condition that the appellant deposits the entire amount due
under the impugned order before the Family Court within a period of
thirty days from this date.
3. Call after thirty days or earlier, if deposit is made and voucher
is produced.
R. BASANT, JUDGE
M.C. HARI RANI,JUDGE
ks.
C.M. APPLN. IN MAT APPEAL NO. 182/2008
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