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 19TH MAY 2010 / 29TH VAISAKHA 1932 Mat.Appeal.No. 184 of 2006() ---------------------------- OPDIV.2/2005 of FAMILY COURT, THODUPUZHA .................... PETITIONER(S): APPELLANT/PETITIONER ----------------------------------- VARGHESE @ BENNY, S/O.VARGHESE,THURUTHUPPALLIYIL HOUSE, MURINGAPUZHA KARA,PERUVANTHANAM VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.K.RAVEENDRAN SRI.ANIL KUMAR M.SIVARAMAN RESPONDENT(S): RESPONDENT ------------------------- MARIYAM @ BIGI, D/O.JOSEPH,MULLAPPILLIL HOUSE, REPRESENTED BY THE FATHER AND NATURAL GUARDIAN OF THE RESPONDENT. HEALTH INSPECTOR (RETD.),MURIKKASSERI KARA, VATHUKKUDY VILLAGE,IDUKKI DISTRICT. THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 19/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * Mat.Appeal No.184 of 2006 ---------------------------------------- Dated this the 19th day of May 2010 J U D G M E N T Basant,J There is no representation for the appellant. This appeal filed in 2006 remains defective even now for the reason that steps have not been taken as ordered on 10/11/2009. Inference appears to be irresistible that the appellant is not interested in prosecuting this appeal. 2. This appeal is, in these circumstances, dismissed for non-prosecution. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * Mat.Appeal No.184 of 2006 ---------------------------------------- Dated this the 10th day of November 2009 O R D E R Basant,J C.M.A.No.1244 of 2006 This application is to condone the delay of 4 days in filing a Mat.Appeal. The appeal in turn is directed against the dismissal of an application for declaration of nullity of marriage filed by the appellant/husband. Respondent has been served; but there is no appearance for the respondent. We are satisfied that a lenient view can be taken and the delay can be condoned. This application is allowed. Delay is condoned. Mat.Appeal No.184 of 2006 Heard. Admitted. The respondent, though served in the petition for condonation of delay, has not entered appearance. By way of abundant caution, we direct that notice in this appeal be issued to the respondent afresh. Take all necessary steps within a period of ten days. Call for records. Put up after service is complete and records are received for hearing and disposal in the usual course. Simultaneously, the learned C.M.A.No.1244 of 2006 : 2 : in Mat.Appeal No.184 of 2006 counsel for the appellant is permitted to give notice to the learned counsel for the respondent who was appearing before the court below and file a memo to that effect. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr Take all necessary steps within a period of seven days. If steps are taken, call after service is complete. If steps are not taken, call after seven days.