IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 Mat.Appeal.No. 124 of 2010() ---------------------------- OPDIV.39/2005 OF FAMILY COURT, THODUPUZHA .................... PETITIONER(S): APPELLANT/PETITIONER ----------------------------------------------------------- ANNAMMA @ REENA, D/O.ANTONY, AGED 29 YEA RS, VALAKKAMATTATHIL HOUSE, NARIYAMPARA KARA, NOW R/A VALAKKAMATHIL HOUSE, SANTHIGRAM KARA, KALKOONTHA VILLAGE, UDUMBANCHOLA TALUK. BY ADV. SRI.TOM JOSE RESPONDENT(S): RESPONDENTS ----------------------------------------------- GEORGE @ ROBIN, S/O.VARKEY, AGED ABOUT 30 YEARS, R/AT KOCHUVEETTIL HOUSE, POOTHINKANDAM KARA, KARUNAPURAM VILLAGE, UDUMBANCHOLA TALUK. THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 04/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Thottathil B.Radhakrishnan & P.S.Gopinathan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = Mat.Appeal No.124/2010 & C.M.Appl.348/2010 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 4th day of March, 2010. Judgment Thottathil B.Radhakrishnan, J. C.M.Appl.348/2010 1.This C.M.Application is filed seeking condonation of delay of 1367 days. The petitioner wife seeks to challenge the Family Court's order rejecting her application for divorce on the ground that the husband is impotent, had been cruel and had essentially led her to a stage where she could not continue to be with him. We noticed from the order of the Family Court that different rounds of efforts were undertaken even by the Family Court for settlement before it proceeded to try the matter. 2.The reason stated in the affidavit filed in MA124/10 -: 2 :- support of the application to condone delay is that the decision of the Family Court rejecting her application for divorce has totally shattered her leading her to a stage of depression and she does not want to live with the respondent or his family any more. She says that she had spent lot of money for divorce proceedings and hailing from a poor family, she did not want to trouble her family by further expenditure. She further says that from 4.12.2002 she had been living separate and the marriage exists only in paper and her life runs with the marriage hanging as a Damocles's sword. She says that all her siblings have been married and settled. But, for the mere statement that she had been under a state of depression, there is no material, including medical evidence, on record in support of the request that the delay of 1367 days be condoned. With the above, we adverted to the impugned order of the Family Court. The plea against the husband that he is impotent was found against on the MA124/10 -: 3 :- basis of medical evidence and on the basis of the petitioner's testimony regarding co-habitation and sexual intercourse. The plea of cruelty was also found against by the Family Court. Those allegations were taken as only little bickerings that would be there in any family. The petitioner had a further contention in her pleadings that her husband's brother had attempted to make sexual advancement to her. However, while tendering evidence in Court, the petitioner attributed even the husband as having told her that she should have physical relationship with his younger brother, if she wants to have children. The Court disbelieved this version and also made reference to the pleadings to state that she had no such case. She also had no case against the husband when she issued a notice four months after the separation. She had no such case when the parties were before the Tribunal. With these materials, though we do not proceed to state that the allegations made would have even tarnished the respondent, we are clear in our MA124/10 -: 4 :- mind that the petitioner-appellant has not established sufficient cause for condonation of the inordinate delay of 1367 days. The C.M.Application and the appeal are, therefore, dismissed. Thottathil B.Radhakrishnan, Judge. P.S.Gopinathan, Judge. Sha/1603