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 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 Mat.Appeal.No. 266 of 2007() ---------------------------- OP.218/2005 of FAMILY COURT, KASARAGOD .................... PETITIONER(S): APPELLANT/RESPONDENT ------------------------------------ ABBAS, AGED 35 YEARS, S/O. KUNHAMMED, R/AT KOMBAN PARA, KALANADU, MELPARAMBA VILLAGE, KASARAGOD TALUK & DISTRICT. BY ADV. SRI.M.RAMESH CHANDER SRI.V.TEKCHAND RESPONDENT(S): PETITIONER -------------------------- FERBEENA, AGED 18 YEARS, D/O. RAZAK, R/AT KOCHINADU HOUSE, KALANADU P.O., MELPARAMBA VILLAGE, KASARAGOD TALUK. ADV. SRI.SURESH KUMAR KODOTH FOR R1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 24/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- C.M. Appl.No. 993 of 2007 & Mat. Appeal No.266 of 2007 ------------------------------------------------- Dated this the 24th day of November, 2009 JUDGMENT/ORDER Basant,J. This petition is to condone the delay of 33 days in filing a Mat. Appeal. The appeal, in turn is directed against an order granting divorce to the respondent/wife under the provisions of the Dissolution of Muslim Marriage Act. The application for divorce is opposed by the respondent on the plea that she has already got re-married. The learned counsel for the appellant/petitioner submits that the appellant/petitioner has also got re-married and, in these circumstances, the application for condonation of delay and the Mat. Appeal can C.M. Appl.No. 993 of 2007 & Mat. Appeal No.266 of 2007 -: 2 :- now be dismissed as not pressed. Request accepted. This petition and the Mat. Appeal are dismissed as not pressed. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //True Copy// P.S. to Judge