IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 Mat.Appeal.No. 388 of 2006() ---------------------------- OP.610/2004 of FAMILY COURT,KOZHIKODE .................... APPELLANT/ RESPONDENT: ------------------------------ YASAR, KUNHIKKANNATE PURKKAL, AGED 22 YEARS, S/O.HAMSA KOYA, KUNHIKKANNATE PURAKKAL, THIRURANGADI TALUK, PARAPPANANGADI, MALAPPURAM DISTRICT. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENT: PETITIONER: -------------------------- RAHIHANATH P., AGED 21 YEARS, D/O.ALIKOYA, POKLINTAKATHU, KADALUNDI AMSOM, PAZHANCHANNUR DESOM, KOZHIKODE TALUK. ADV. SRI.K.RAMACHANDRAN SRI.K.MOHAMMED FAISAL NAHA THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 03/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- C.M.Application No. 2306 OF 2006 & Mat.Appeal No.388 OF 2006 ----------------------------------------------------- DATED THIS THE 3rd DAY OF DECEMBER, 2009 O R D E R /J U D G M E N T Basant, J. This petition is to condone the delay of 37 days in filing a Mat.Appeal. The appeal in turn is directed against a decree for divorce granted in favour of the respondent/wife under the Dissolution of Muslim Marriage Act . It is prayed that a lenient view may be taken and the delay may be condoned. 2. Respondent has entered appearance. The learned counsel for the respondent submits that unaware of the belated institution of the appeal, the respondent/wife has already got re-married. If at this juncture, the prayer for condonation of delay is allowed, that would cause untold hardship and misery to the respondent and shall also harm the marriage which she has subsequently entered into. It is in these circumstances prayed that this petition may be dismissed. 3. Time was given to the learned counsel for the appellant to take specific instructions on this aspect. The learned Mat.A.388/06 -2- counsel for the appellant even today submits that instructions have not been received. We are in these circumstances satisfied that the opposition can be sustained and this application for condonation of delay can be dismissed. 4. In the result, this petition for condonation of delay is dismissed. Consequently, Mat.Appeal No.388/06 shall stand rejected as barred by limitation. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn