IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 Mat.Appeal.No. 298 of 2008() ---------------------------- OP.1362/2006 of FAMILY COURT,THRISSUR .................... PETITIONER(S): RESPONDENT ------------------------- NOUSHAD, S/O.MOHAMMED ALI VALIYAKATH VEEDU, THYKAD VILLAGE P.O.GURUVAYOOR (THRISSUR DIST) REPRESENTED BY POWER OF ATTORNEY HOLDER NOUSHAM, DO. DO. BY ADV. SRI.K.RAMACHANDRAN SMT.A.R.DIVYA RESPONDENT(S): PETITIONER ------------------------- V.A.AFSA, D/O.ABDU VARIYAMKATTIL HOUSE, P.O. NJAMANKAD CHAVAKKAD TALUK, THRISSUR DISTRICT ADV. SRI.P.GOPAKUMARAN NAIR FOR R SRI.C.S.DIAS FOR R THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 04/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * C.M.A.No.890 of 2008 & Mat.Appeal No.298 of 2008 ---------------------------------------- Dated this the 4th 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 403 days in filing the Mat.Appeal. The Mat.Appeal in turn is directed against an order of divorce granted under Section 2 of the Dissolution of Muslim Marriage Act. It is reported to the court by the learned counsel for the respondent that the appellant has married again. The learned counsel for the appellant submits that he has no instructions. 2. We are not satisfied that the long delay of 403 days deserves to be condoned. In the facts and circumstances of this case, we are not satisfied that the interests of justice demands that such long delay ought to be condoned. Application for condonation of delay is, in these circumstances, dismissed. Consequently, the Mat.Appeal shall stand rejected as barred by limitation. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr W.P.Crl/Mat.Appeal No. 2 W.P.Crl/Mat.Appeal No. 3 W.P.Crl/Mat.Appeal No. 4 R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009