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 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 Mat.Appeal.No. 114 of 2007() ---------------------------- O.P.NO.388/05 OF FAMILY COURT, MALAPPURAM PETITIONER(S): APPELLANT/RESPONDENT ----------------------------------- PARASSERI MOHAMMED, S/O.ALAVI, KUNDARAKKADU HOUSE, KUZHIMANNA AMSOM, KIZHISSERY DESOM, ERNADU TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.SAJU.S.A RESPONDENT(S): PETITIONER ------------------------- THAYATTUPEEDIKA HABEEBA, D/O.AHAMMEDKOYA, VELLAYOOR, SAMADANI HOUSE, VENTHODAMPADI, ANJACHAVIDI POST, NILAMBUR TALUK, MALAPPURAM DISTRICT. ADV. SRI.BABU S. NAIR THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 17/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * C.M.Application No.448 of 2007 & Mat.Appeal No.114 of 2007 ---------------------------------------- Dated this the 17th day of November 2009 O R D E R & J U D G M E N T Basant,J This application is to condone the delay of 21 days in filing an appeal. The appeal in turn is directed against an order granting the respondent/wife divorce under the provisions of the Dissolution of Muslim Marriage Act. It is prayed that a lenient view may be taken and the delay may be condoned. 2. The application for condonation of delay is opposed by the learned counsel for the respondent. The learned counsel for the respondent submits that there is absolutely no merit or bona fide in this application for condonation of delay. The right of appeal is being invoked belatedly with the transparent intention of vexing and harassing the respondent/wife. The learned counsel for the respondent points out that absence of bona fide is eloquently declared by the fact that admittedly, while marriage with the respondent was in force, the appellant/petitioner had got re-married. C.M.A.No.3362/2009 &M.A No.899/2009 2 2. We have considered all the relevant aspects. We are not persuaded to agree that sufficient reasons exist to justify the prayer for condonation of delay. 3. Application for condonation of delay is, in these circumstances, dismissed. Consequently, Mat.A.No.114 of 2007 shall stand rejected as barred by limitation. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge C.M.A.No.3362/2009 &M.A No.899/2009 3 C.M.A.No.3362/2009 &M.A No.899/2009 4 R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009