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 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 Mat.Appeal.No. 476 of 2009() ---------------------------- O.P.NO.103/08 OF FAMILY COURT, PALAKKAD APPELLANT:/RESPONDENT ----------------------------- K.T.SIVADASAN, AGED 41 YEARS, S/O.RARU NAIR, KUMBARATHODI HOUSE, PANAMANNA, OTTAPALAM. BY ADV. SRI.SAIBY JOSE KIDANGOOR RESPONDENT/PETITIONER: ------------------------------ SANDHYA.O., AGED 25 YEARS, D/O.SASIDHARAN NAIR, ONHANATH HOUSE, KALLIPPADAM, SHORNUR. ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 13/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- C.M.Application No.1578 OF 2009 & Mat.Appeal No.476 OF 2009 ----------------------------------------------------- DATED THIS THE 13th 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 seven days in filing a Matrimonial Appeal, which in turn is directed against an order granting divorce against the appellant on the application filed by the respondent/wife. The respondent has entered appearance. We are satisfied that a lenient view can be taken and the delay can be condoned. Petition allowed. Delay condoned. Mat.Appeal No.476/09 2. This appeal is directed against an order granting divorce on the ground of cruelty against the appellant in favour of his wife, the respondent herein. The decision was not one on merits. The defence of the appellant was struck off for the reason that he did not comply with the condition to pay interim maintenance and litigation expenses as ordered by the court. That direction for payment of maintenance and litigation expenses remains unchallenged. The learned counsel for the appellant submits that the appellant could not make the payment on Mat.Appeal No.476/09 -2- account of reasons beyond his control. The appellant was laid up and that is the reason why he was not able to comply with the direction to pay the amount. If a period of three weeks' further time is granted, he shall pay the amount due and shall get ready for disposal of O.P.No.103/08 on merits, submits the learned counsel for the appellant. 3. The prayer is opposed. But, notwithstanding the opposition, we are satisfied, considering the nature of the relief granted - a decree of divorce, that the appellant can be given a further opportunity to contest the proceedings on condition that he makes amends for his indiscretion in not complying with the order directing payment of maintenance and litigation expenses. 4. In the result: (a) this appeal is allowed subject to conditions. (b) The appeal shall stand allowed, the impugned order shall stand set aside and the court below shall dispose of O.P.No.103/08 afresh on merits on condition that the appellant, within a period of one month from this date, deposits the entire amount of maintenance and litigation expenses due till 15.12.2009 Mat.Appeal No.476/09 -3- (maintenance at the rate of Rs.1,500/- per mensem and litigation expenses at the rate of Rs.1,500/-) before the court below. If deposited, the amount shall straightaway be released to the respondent. Needless to say, the appellant shall continue to comply with the said order directing payment of maintenance till disposal of O.P.No.103/08. 5. Parties shall appear before the Family Court on 15.12.2009. If the amount is paid/deposited as directed, the Family Court shall make a record of that fact and shall proceed to dispose of the O.P. as expeditiously thereafter as possible. 6. If the amount is not paid, the Family Court shall record that fact on 15.12.2009 and thereupon the impugned order shall continue to remain in force. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn