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 22ND DECEMBER 2009 / 1ST POUSHA 1931 Mat.Appeal.No. 268 of 2009(F) ---------------------------- OP.653/2007 of FAMILY COURT,KOZHIKODE .................... APPELLANT/1ST RESPONDENT IN OP --------------------------------------------- RANJINI @ LALU,D/O.SREENIVASAPANICKER, PRAKASHAM VEETTIL,PALAKODUTHAZHAM,CHELANNUR, KOZHIKODE TALUK,BEFORE THE FAMILY COURT WRONGLY SHOWN AS RANJINI @ LALU,C/O.MINI DASAN, KANDIYIL HOUSE, PALLIPPOYIL ROAD, AMBALATHUKULANGARA, THAMARASERY AMSOM DESOM, KOZHIKODE TALUK. BY ADV. SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN RESPONDENTS: --------------- 1. P.K.BALAKRISHNAN,53 YEAS, S/O.GOPALAPANICKER, 'VISHNUPRIYA'MADATHIL PARAMBU, EDAKKAD AMSOM DESOM, KOZHIKODE TALUK. 2. SIMJITH,30 YEARS, S/O.SIVANANDAN, ISWARANCHIRAKUNI HOUSE, NEAR RAILWAY STATION ROAD, KOYILANDY, PANTHALAYANI AMSOM DESOM. ADV. SRI.V.V.SURENDRAN FOR R1 SRI.P.A.HARISH FOR R1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 22/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ C.M.Appl.No.906 of 2009 & Mat.Appeal No.268 of 2009 ------------------------------------- Dated this the 22 nd day of December, 2009 ORDER/JUDGMENT BASANT, J. C.M.Appl.No.906 of 2009 is to condone the delay of 430 days in filing a matrimonial appeal. The appeal in turn is directed against grant of an exparte order for divorce on the application filed by the 1st respondent/husband. 2. When this petition came up for hearing, both sides agree that the divorced spouses have now got remarried and in these circumstances the petitioner/appellant does not want to prosecute this application for condonation of delay and the Mat.Appeal. The said request is accepted. 3. Accordingly the application for condonation of delay is dismissed. Consequently the matrimonial appeal shall stand rejected as barred by limitation. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-