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 30TH MAY 2011 / 9TH JYAISHTA 1933 Mat.Appeal.No. 154 of 2011 ------------------------------------ OP.172/2004 of FAMILY COURT, KANNUR .................... APPELLANT(S): PETITIONER: ----------------------------------------- BABU.P., S/O.GOPALAN, 35 YEARS, BABU NIVAS, P.O., PODUVACHERY, KADACHIRA. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.R.LEELA RESPONDENT(S): RESPONDENT: ---------------------------------------------- 1. SANTHINI, S/O.KRISHNAN, 28 YEARS, KRISHNA NIVAS, P.O.KUTHUPARAMBA, KANNUR-670. 2. STATE OF KERALA, REPRESENTED BY GOVERNMENT PLEADER, HIGH COURT OF KERALA. THIS MATRIMONIAL APPEAL HAVING COME UP FOR ORDERS ON 30/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ Mat.Appeal No.154 of 2011-B & C.M.Appln.No.423/2011 in M.A.No.154/2011 ---------------------------------------------- Dated, this the 30th day of May, 2011 J U D G M E N T K.M.Joseph, J. This Matrimonial Appeal is filed against the judgment in O.P.172/2004 on the file of the Family Court, Kannur by which the petition filed by the appellant/petitioner seeking dissolution of marriage was dismissed. The petition was dismissed on 25.1.2008. There is a delay of 1030 days in preferring this appeal. In the affidavit in support of the petition, it is stated as follows: “That I preferred at first to accept the verdict of the trial court and wait arrival of my wife. That even after 2 years there was no response from the respondent and now I want to get a divorce from her and to lead my own life. Only because of these facts 1030 days delay in preferring this appeal.” 2. It is not disputed that copy application was filed only on 4.8.2008 which is received on 6.8.2008. We made it clear that it is open to the appellant to file supplementary affidavit. Nothing is forthcoming. We do not think that the appellant/petitioner has made out any case for condoning the delay of 1030 days. In the circumstances, the application to M.A.154/2011 -2- condone the delay of 1030 days in filing the appeal is dismissed. Consequently, the Matrimonial Appeal is also dismissed. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS