IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 Mat.Appeal.No. 143 of 2009(A) ---------------------------- PETITIONER: --------------- KOCHU THERSIA @ SANTHA, ERMBAKALKONATHU, VADAKKEKARA PUTHEN VEEDU, VADAKARA DESOM, MANCHAVILAKOM P.O., NEYYATTINKARA TALUK. BY ADV. SRI.VADAKARA V.V.N.MENON RESPONDENT: --------------- CHIDAMBARAN (A.YESUDAS), S/O. APPUKUTTAN NADAR, PUTHUCHAVILAKOM, EDATHATTY PUTHEN VEEDU, MEKKOLLA DESOM, KOLLAYIL VILAGE, NEYYATTINKARA TALUK. ADV. SRI.THIRUMALA P.K.MANI FOR R1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 08/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ Mat.Appeal No.143 of 2009 ------------------------------------- Dated this the 8th day of June, 2009 JUDGMENT BASANT, J. Petitioner has suffered an order of judicial separation. Her husband had filed the said petition O.P(I.D.A No.252/98) for judicial separation and for custody of the child. The petitioner/the respondent therein remained exparte and she was set exparte. Thereafter the petition was allowed in part. Judicial separation was granted. Custody of the child was not granted. The petitioner did not move the Family Court to get the exparte order set aside. The petitioner has now come to this Court with this petition to condone the enormous delay of 811 days in filing this Appeal. After discussions at the Bar, it is realised and accepted that the proper remedy of the petitioner was to move the Family Court to get the exparte order set aside. Having not done that, we find no merit in the challenge raised on merits in this Appeal. After discussions at the Bar it is agreed that this petition for condonation of delay and the Mat.Appeal can be dismissed as not pressed without any fetter on the rights of the petitioner to move the Family Court to get the exparte order set aside. Mat.Appeal No.143 of 2009 2 2. In these circumstances this petition for condonation of delay and the Mat.Appeal are dismissed as withdrawn without any fetter on the rights of the petitioner to move the Family Court to get the exparte order set aside, subject of course to the law of limitation. 3. The copy of the impugned order and the medical certificate produced shall forthwith be returned by the Registry to the learned counsel for the petitioner. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-