The High Court dismissed a matrimonial appeal because the appellant failed to deposit the requisite amount for condoning the 38-day delay in filing the appeal.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE A.M.BABU
MONDAY ,THE 11TH DAY OF FEBRUARY 2019 / 22ND MAGHA, 1940
Mat.Appeal.No. 863 of 2010
OP 1517/2006 of FAMILY COURT,ERNAKULAM DATED 29-07-2010
APPELLANT/PETITIONER/RESPONDENT
P.J.ANTONY @ GLADSON, AGED 36 YEARS, S/O.JOSEPH, PUTHENVEETTIL, KUMBALANGI, ERNAKULAM DISTRICT.
BY ADV. SRI.SANTHOSH PETER (MAMALAYIL)
RESPONDENT/RESPONDENT/PETITIONER
JENCY, AGED 32 YEARS, D/O.AUGUSTIN, KALATHIPARAMBU, MARADU P.O. ERNAKULAM, PIN-682304.
BY ADVS. SRI.D.M.SAJEEVAN SRI.T.MADHU
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 11.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
A.M.SHAFFIQUE & A.M.BABU, JJ.
JUDGMENT
Shaffique, J.
Though the delay of 38 days in filing the appeal had been condoned on condition of depositing an amount of R 50,000/- within 60 days, and the appellant was called upon to produce receipt/voucher on 3.1.2011, it appears that the amount was not deposited and accordingly time was extended by two months from 1.2.2011. Again, it seems that vide order dated 24.5.2011 in I.A.1008/2011 time was granted till 31.5.2011 as a last chance. So far the receipt/voucher indicating the deposit has not been produced before this Court. Under such circumstances we have to proceed on the basis that the appellant had not complied with the direction issued by this Court.
Mat.Appeal 863/2010
2
Accordingly, the application to condone the delay shall stand dismissed. Consequently the
Mat.Appeal is also dismissed.
A.M.SHAFFIQUE Judge
Sd/-
A.M.BABU Judge
Mrcs/11.2.19
True copy
P.S.To Judge
1 issue framed by the court
Whether the Matrimonial Appeal shall be allowed considering the appellant's failure to comply with the court's directive to deposit the condonation fee.
P.J. Antony @ Gladson
Jency
A.M. Shaffique
A.M. Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
