Kerala High Court
Shabab T.T vs Aneesa V.M on 13 September, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
Mat.Appeal No. 631 of 2023 1
2024:KER:70297
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
MAT.APPEAL NO. 631 OF 2023
AGAINST THE JUDGMENT DATED 13.01.2023 IN OP NO.664 OF 2020 OF
THE FAMILY COURT, MALAPPURAM
APPELLANTS/RESPONDENTS:
1 SHABAB T.T., AGED 36 YEARS
S/O AYUB, THEKKARATHODIKA HOUSE, MAYAMTHANI,
NILAMBURCHANTHAKUNNU, MALAPPURAM DISTRICT 679330
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER MR. AYUB,
AGED 58 YEARS, S/O KHADARSHA, THEKKARATHODIKA HOUSE,
MAYAMTHANI, NILAMBURCHANTHAKUNNU, MALAPPURAM DISTRICT,
PIN - 679330
2 AYUB, AGED 58 YEARS, S/O KHADARSHA, THEKKARATHODIKA
HOUSE, MAYAMTHANI, NILAMBURCHANTHAKUNNU, MALAPPURAM
DISTRICT., PIN - 679330
3 RAMLATH, AGED 55 YEARS
W/O AYUB, THEKKARATHODIKA HOUSE, MAYAMTHANI,
NILAMBURCHANTHAKUNNU, MALAPPURAM DISTRICT, PIN - 679330
BY ADVS.
ROOPESH N.R.
C.C.ANOOP
SARUN RAJAN
N.A.SWAPNA
Mat.Appeal No. 631 of 2023 2
2024:KER:70297
RESPONDENTS/PETITIONERS:
1 ANEESA V.M.
AGED 30 YEARS
D/O ABDUL KAREEM V.M., VELLOORMADATHIL HOUSE,
PAINKULANGARA, CHATHANGOTTUPURAM POST, MALAPPURAM
DISTRICT, PIN - 679328
2 HEISASABAB
AGED 6 YEARS
D/O SHABAB T.T., VELLOORMADATHIL HOUSE, PAINKULANGARA,
CHATHANGOTTUPURAM POST, MALAPPURAM DISTRICT, PIN -
679328
BY ADV M.A.ZOHRA
THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON
13.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mat.Appeal No. 631 of 2023 3
2024:KER:70297
JUDGMENT
Devan Ramachandran, J.
On 03.09.2024, we passed the following orders:
"C.M.Appl No.1/2023:
This application to condone the delay is opposed
by Smt.M.A.Zohra saying that the delay of 171 days has
not been explained at all.
We have gone through the averments in the
affidavit in support of this application and find some
cause in the afore objection of Smt.M.A.Zohra; and are
of the view that this application can be allowed only with
an apposite condition attached.
We notice from the impugned judgment that the
appellants have been directed to return 276.3 gms of
gold, as also to pay Rs.60,000/- to the first respondent
herein towards maintenance of the second respondent,
along with interest.
The learned counsel for the appellants
Sri.Roopesh agreed that his clients will deposit
Rs.60,000/- on or before 12.09.2024.
Resultantly, if the afore deposit is made, the
delay will stand condoned.
2024:KER:70297
Needless to say, once the amount is so
deposited, the respondents can apply before the learned
Family Court for its disbursement which shall be done as
per usual Rules.
List, therefore, on 13.09.2024."
2. Today, it is conceded by Sri.Roopesh - learned Counsel
for the appellants, that his clients have not deposited the afore
amount. Obviously, this application can only be dismissed. It is so
ordered.
Mat.Appeal
In view of our order in C.M.Appln.No.1 of 2023, this appeal
is also dismissed.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
M.B.SNEHALATHA
JUDGE
sp/13/09/2024
