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Condonation of Delay application should be treated in the light of merits of proposed appeal

Raj Kumar Makkad ,
  15 September 2010       Share Bookmark

Court :
Kerala High Court
Brief :
Condonation of delay - Past maintenance for a period of 36 months to the claimants along with interest @ 9 per cent 1 per annum - Whether condonation of delay of 160 days in filling a matrimonial appeal could be granted to the Claimant?
Citation :
Alavikutty v. Rukhiya (Decided on 02.09.2010)

Held, Court gone through the affidavit in support of the application for condonation of delay. The reasons urged for condonation of delay were far from satisfactory. According to the Petitioner, he was under the impression that as in a challenge in criminal revision he has 90 days time to file the appeal. Even assuming that, the delay of 160 days remains unexplained, Court not at all satisfied that there was sufficient reason to condone the delay. Court not satisfied that notice need be issued in the application for condonation of delay, satisfactory reasons having not been shown . In Court anxiety to ensure that the rejection of the prayer for condonation of delay does not result in miscarriage of justice, the Petitioner/Appellant was requested to explain the nature of the challenge which he wants to mount against the impugned order. The quantum of maintenance awarded is the main plank of challenge. The amounts awarded, as stated earlier, was Rs.1,200/-, Rs.600/- and Rs.500/- per mensem respectively for the wife and two minor children. Court looked into the nature of the employment of the Appellant and also have taken note of the requirements of the claimants for keeping body and soul together so the quantum awarded not excessive. Court certainly of the opinion that appeal need not be admitted for consideration of the rate of interest (9%) which was ordered to be paid on the maintenance amount. The maintenance amount admittedly has not been paid so far. Thus, Court satisfied that the rejection of the prayer for condonation of delay shall not result in any miscarriage of justice.

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Published in Family Law
Views : 4448