Shabu v. Anju
Case brief
What is this about?
The High Court, Ernakulam dismissed a Matrimonial Appeal due to inordinate delay of 1330 days. The court rejected the appellants' explanation of seeking amicable settlement and lost files as unsatisfactory and not reconciling with the appellant's prior conduct in filing a divorce petition.
What did the court decide?
Application to condone the delay of 1330 days in filing the appeal was dismissed; the matrimonial appeal was consequently dismissed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON &
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
MONDAY, THE 13TH DAY OF JUNE 2016/23RD JYAISHTA, 1938
Mat.Appeal.No. 514 of 2016
AGAINST THE JUDGMENT IN OP 578/2012 of FAMILY COURT, MUVATTUPUZHA DATED 10-08-2012
APPELLANTS/RESPONDENTS: -
- SHABU, AGED 31 YEARS, S/O SASI, RESIDING AT KIZHAKALAN HOUSE, PARAPPURAM P.O., KANJOOR VIA, ERNAKULAM DISTRICT.
- SASI, AGED 55 YEARS, KIZHAKALAN HOUSE, PARAPPURAM P.O., KANJOOR VIA, ERNAKULAM DISTRICT.
- SULOCHANA, AGED 50 YEARS, W/O SASI, KIZHAKALAN HOUSE, PARAPPURAM P.O., KANJOOR VIA, ERNAKULAM DISTRICT.
BY ADVS.SRI.P.KRISHNANKUTTY NAIR (KOLLAMALA) KUM.APARNA SOMARAJAN
Issues for consideration
2 issues framed by the court
Whether the cause of action for condoning a delay of over 1330 days in preferring a matrimonial appeal was satisfied.
Whether the explanation of attempting amicable settlement and loss of files accounts for the inordinate delay.
Parties & counsel
- appellant
Shabu
- respondent
Anju
Coram
P.R. Ramachandra Menon
Case details
As recorded by the court registry
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