IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 Mat.Appeal.No. 563 of 2009(A) ---------------------------- OP.286/2008 of FAMILY COURT,THRISSUR .................... APPELLANT/PETITIONER ----------------------------------- KRISHNAVENY,D/O. SEKHARAN, POTTEKKAD HOUSE, WEST PAZHUVIL DESOM, KURUMBILAVU, VILLAGE, THRISSUR. BY ADV. SRI.DILIP J. AKKARA RESPONDENT : RESPONDENT ------------------------- SURENDRAN,S/O. KOCHAKKAN, ALUMPARAMBU HOUSE, WEST PAZHUVIL DESOM, KURUMBILAVU VILLAGE, THRISSUR. ADV. SRI.O.D.SIVADAS FOR R1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 18/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ C.M.Appl.No.1940 of 2009 & Mat.Appeal No.563 of 2009 ------------------------------------- Dated this the 18th day of December, 2009 ORDER/JUDGMENT BASANT, J. This petition is to condone the delay of 20 days in filing a matrimonial appeal. The matrimonial appeal in turn is directed against an order allowing a claim for money staked by the appellant/wife against the respondent, her husband in part. The impugned order is an exparte order. Against the impugned order, an application to set aside the exparte order filed by the husband is pending before the Family Court along with an application for condonation of delay. 2. When the matter came up for hearing in the application for condonation of delay and in the matrimonial appeal, both counsel submit that an agreed upon course can be followed. The delay can be condoned. The Mat.Appeal can be admitted. The Mat.Appeal can be allowed. The impugned order can be set aside and the Family Court can be directed to dispose of the matter afresh in accordance with law after giving both sides opportunity to raise their contentions and adduce evidence in support of such contentions, submit both counsel. C.M.Appl.No.1940 of 2009 & Mat.Appeal No.563 of 2009 2 3. We accept the agreement between the counsel. We condone the delay. We admit the Mat.Appeal. We allow the Mat.Appeal as agreed. The impugned order is set aside and the Family Court is directed to dispose of O.P.No.286 of 2008 afresh in accordance with law after giving the parties opportunity to raise their contentions and adduce evidence in support of such contentions. We further direct that the mater shall be disposed of by the Family Court as expeditiously as possible - at any rate, within a period of 4 months from 18.01.2010, on which date both parties shall appear before the Family Court. 4. On 18.01.2010 or thereafter, it shall be open to the petitioner to file an application for interim maintenance pending disposal of the O.P and that application for interim maintenance shall be considered by the court below as if the same has been filed along with the O.P and appropriate orders shall be passed. 5. Issue copies to both the counsel. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-