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 8TH JULY 2010 / 17TH ASHADHA 1932 Mat.Appeal.No. 280 of 2008() ---------------------------- OP.809/2006 of FAMILY COURT,KOZHIKODE .................... PETITIONER(S): --------------- P.K.ANAND, AGED 46 YEARS, S/O KUNHIPILLA KESAV, PUTHIYAVEETTIL HOUSE, P.O.K.S.PURAM, KARUNAGAPPALLY. BY ADV. SRI.KRISHNADAS P. NAIR SRI.HARIDAS P.NAIR SMT.K.L.SREEKALA SRI.M.RAJESH KUMAR RESPONDENT(S): --------------- K.LAKSHMI, AGED 42 YEARS, D/O RAMAN, KUNNATH HOUSE, OLAVANNA, KOZHIKODE. THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 08/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- C.M.Appl.No.865 of 2008 & Mat. Appeal No. 280 of 2008 ------------------------------------------------- Dated this the 8th day of July, 2010 ORDER/JUDGMENT Basant,J. This petition is to condone the delay of 48 days in filing a Mat. Appeal. The appeal, in turn, is directed against an order directing payment of litigation expenses of Rs.2,000/- and interim maintenance at the rate of Rs.1,000/- per mensem. The impugned direction was issued under Sec.24 of the Hindu Marriage Act. We are not persuaded to agree that there is any justifiable reason to condone the delay in filing the Mat. Appeal. However, in our anxiety to ensure that the rejection of the application for condonation of delay does not result in any miscarriage of justice, we requested the counsel to explain the nature of the challenge which he wants to mount against the Mat. Appeal No. 280 of 2008 -: 2 :- impugned order. The quantum of amount directed to be paid is the only ground of challenge. We are not persuaded to agree that there is any justifiable reason which can persuade this Court to invoke the appellate jurisdiction under Sec.19 of the Family Courts Act to interfere with the impugned order. We are satisfied that the delay does not deserve to be condoned. The rejection of the prayer for condonation of delay, we are satisfied, shall not, in any way, result in any failure or miscarriage of justice. This application for condonation of delay is hence dismissed. Consequently the Mat. Appeal shall stand rejected as barred by limitation. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //true copy// P.S. to Judge Mat. Appeal No. 280 of 2008 -: 3 :-