The High Court of Kerala dismissed an appeal seeking condonation of delay of over 8 years for filing an appeal against an ex parte maintenance order. The Court found insufficient cause due to lack of medical evidence.
Application for condonation of delay dismissed; appeal rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 14TH JULY 2011 / 23RD ASHADHA 1933
Mat.Appeal.No. 540 of 2011() -----------------------------------------OS.278/2000 OF FAMILY COURT, THIRUVANANTHAPURAM. ....................
APPELLANT/DEFENDANT: --------------------------------------
CHELLAPPAN, S/O MANAS, VADAKKEVILA VEEDU, KUTHIRAPPETTY, KONCHIRA, VEMBAYAM VILLAGE.
BY ADV. SRI.G.SUDHEER
RESPONDENT(S):
-------------------------
1. PONNAMMA, D/O.LEKSHMI, VADAKKEVILA VEEDU, KUTHIRAPPETTY, KONCHIRA, VEMBAYAM VILLAGE, 695 018.
2. RAGINI, D/O.PONNAMMA VADAKKEVILA VEEDU, KUTHIRAPPETTY, KONCHIRA, VEMBAYAM VILLAGE, 695 018.
3. RAJESH, S/O.PONNAMMA VADAKKEVILA VEEDU, KUTHIRAPPETTY, KONCHIRA, VEMBAYAM VILLAGE, 695 018.
BY
THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 14/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs
Mat.Appeal.No. 540 of 2011
ORDER ON I.A. NO.1848/2011 IN M.A.540/2011
DISMISSED
14/07/2011.
SD/- THOTTATHIL B.RADHAKRISHNAN, JUDGE
SD/- N.K.BALAKRISHNAN, JUDGE
//TRUE COPY//
P.S. TO JUDGE
rs
Thottathil B.Radhakrishnan
&
N.K.Balakrishnan, JJ.
= = = = = = = = = = = = = = = = = = = = = = = = Mat.Appeal 540 of 2011 & C.M.Appl.1489 of 2011
= = = = = = = = = = = = = = = = = = = = = = = =
Dated this the 14th day of July, 2011.
Judgment
Thottathil B.Radhakrishnan, J.
The captioned C.M.Application is filed seeking condonation of 3136 days(more than 8 years) in filing an appeal against an ex parte order granting maintenance to wife and minor children. The affidavit filed in support of the application for condonation of delay is that the appellant was bedridden from 2002 to 2004 and was unable to do any work or raise funds and had also raised objections before the court below. We do not find any reason in the affidavit disclosing sufficient cause for condonation of enormous delay. There is no medical certificate. There is nothing to indicate even in the appeal that there are sufficient grounds to interfere with the judgment
MA540/11 -: 2 :-
granting maintenance at the rate of Rs.500/- per month each to the wife and child. The C.M.Application fails. The same is accordingly dismissed as one lacking sufficient cause.
Resultantly, the appeal is rejected.
Thottathil B.Radhakrishnan, Judge.
N.K.Balakrishnan, Judge.
Sha/1607
3 issues framed by the court
Whether condonation of enormous delay of over 8 years can be granted without sufficient medical certification.
Whether sufficient cause exists to interfere with an ex parte maintenance order granted by a family court.
Whether the appellant has raised objections sufficiently to warrant condonation of delay in filing the appeal.
CHELLAPPAN
PONNAMMA
RAGINI
RAJESH
THOTTATHIL B.RADHAKRISHNAN
N.K.BALAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
