IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 Mat.Appeal.No. 429 of 2011() ---------------------------- OP.413/2009 & M.C.467/2009 of FAMILY COURT, MALAPPURAM .................... PETITIONER(S): --------------------- ABOOBACKER, AGED 32 YEARS, S/O.UNNEENUAVARAN (LATE), KUNDUKULY @ KARATHODI HOUSE, PULPPATTA P.O., KARAPPARAMBU, MANJERI, MALAPPURAM. BY ADV. SRI.K.SHIBILI NAHA SMT.A.LOWSY RESPONDENT(S): --------------- 1. RAJEENA, AGED 26 YEARS, S/O.ALAVI, KALLIKKADAN HOUSE, CHEMMANIYODE P.O-679 325, MALAPPURAM DISTRICT. 2. NIHALA, AGED 8 YEARS (MINOR). 3. NISHAN, AGED 5 YEARS (MINOR) (MINORS ARE REPRESENTED BY THEIR GUARDIAN MOTHER IST RESPONDENT). THIS MATRIMONIAL APPEAL HAVING COME UP FOR ORDERS ON 20/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------------- C.M.Appln. No.1164 of 2011 & Mat.Appeal No.429 of 2011 ----------------------------------------------- Dated 20th June, 2011. J U D G M E N T Joseph, J. C.M.Appln. No.1164 of 2011 : This is an application to condone the delay of 418 days in filing the appeal. By the impugned order, the Family Court has directed to pay maintenance at the rate of Rs.1,000/- per month to the respondent/wife and Rs.500/- each to the children. Past maintenance was also ordered at the said rate. 2. After going through the affidavit filed in support of the petition for condonation of delay, we are not satisfied that the appellant has offered any explanation for condoning the delay of 418 days in filing the appeal. Accordingly, we dismiss the application for delay condonation. Mat.Appeal No.429/2011 : In view of the order in C.M.Application No.1164/2011, this appeal stands dismissed. Sd/- K.M.JOSEPH, JUDGE. Sd/- M.L.JOSEPH FRANCIS, JUDGE. tgs