IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 Mat.Appeal.No. 296 of 2008 ---------------------------- OP.127/2007 of FAMILY COURT, MALAPPURAM .................... APPELLANT/RESPONDENT: --------------- KALATHODI MUHAMMED , AGED 54 YEARS S/O. MOIDEEN, KUMMINIPARAMB, NEAR E.M.E.A.COLLEGE NEAR KARIPUR AIRPORT, MICHA BHOOMI. BY ADV. SRI.K.ANAND RESPONDENT/PETITIONER: --------------- MALIYAKKAL SULAIKA, AGED 52 YEARS, D/O. ALAVI, PULPARAMBIL VEEDU, P.O. PALLIKKAL, PALLIKKAL AMSOM DESOM, TIRURANGADI TALUK. ADV. SRI.E.NARAYANAN FOR R1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 27/10/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C. HARI RANI,JJ ============================== C.M.APPLICATION NO. 887 OF 2008 & MAT APPEAL NO. 296 OF 2008 ============================ DATED THIS THE 27TH DAY OFOCTOBER 2009 ORDER/JUDGMENT Basant,J. The C.M. application is to condone the delay of 291 days in filing a Matrimonial appeal. The Matrimonial appeal in turn challenges an ex parte decree for payment of past maintenance. Marital tie is admitted. The contention is that the appellant-husband has been wrongly set ex parte. After discussions at the Bar, it is decided that without prejudice to the option of the appellant to approach the court below to get the ex parte order passed against him set aside, the application for condonation of delay and the Matrimonial appeal can be dismissed. Accordingly, the C.M.application and the Mat appeal are dismissed without prejudice to the right of the appellant/petitioner to apply before the court below to get the ex parte order set aside. R. BASANT, JUDGE M.C. HARI RANI,JUDGE ks. WPC. 2 ks.