Illyas a.K. vs Abida N.a.

Type Court Judgment Court Kerala Orders Decided Oct 28, 2019

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Citation: sooperkanoon.com/1899782
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice a.M.Shaffique,Honourable Mr.Justice T.V.Anilkumar
Decided On: Oct 28, 2019
Case Number: Mat.Appeal/398/2013

Parties & Advocates

Appellant / Petitioner

Illyas a.K.

Respondent

Abida N.a.

Excerpt

in the high court of kerala at ernakulampresent the honourable mr.justice a.m.shaffique & the honourable mr.justice t.v.anilkumar monday, the 28th day of october 2019 / 6th karthika, 1941 mat.appeal.no.398 of 2013 against the judgment dated 30-01-2013 in op 172/2012 of family court, kasaragod appellant/ respondent: illyas a.k., aged 34 years, s/o. k.m.ibrahim, residing at haneefa manzil, thekkemoola, eruthumkadavu, muttathody village, vidyanagar post, kasaragod district. by advs.sri.t.madhu smt.c.r.saradamani respondents/ petitioners: 1 abida n.a., aged 31 years, d/o. abdulla n.m., residing at n.m.house, moideen masjid road, nellikunnu, kasaragod village and post, kasaragod district-671 121. 2 muhammed adil minor, aged 5 years, represented by his guardian and mother abida n.a., residing at n.m.house, moideen masjid road, nellikunnu, kasaragod village and post, kasaragod district-671 121. this matrimonial appeal having been finally heard on 28.10.2019, the court on the same day delivered the following: c.m. appl. no.1355 of 2013 & m.a.no.398/2013 -:2:-judgmentdated this the 28th day of october, 2019a.m. shaffique, j.there is a delay of 21 days in filing the appeal. notice in the delay petition was ordered on 28.06.2013. learned counsel for the appellant submits that steps were taken on 25.10.2019. there is a delay of more than six years in taking steps. perusal of thejudgment would indicate that the family court had onlyawarded past maintenance from 01.02.2011 to 30.04.2012 and a meager amounts. though the counsel for the appellant seeks indulgence to take out notice, we don't think that any further indulgence shall be given to the appellant. the delay petition as well as the mat. appeal are dismissed for non-prosecution. all pending interlocutory applications will stand closed. a.m.shaffique,judge t.v.anilkumar,judge dst //true copy// p.a.to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE & THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR MONDAY, THE 28TH DAY OF OCTOBER 2019 / 6TH KARTHIKA, 1941 Mat.Appeal.No.398 OF 2013 AGAINST THE JUDGMENT DATED 30-01-2013 IN OP 172/2012 OF FAMILY COURT, KASARAGOD APPELLANT/ RESPONDENT: ILLYAS A.K., AGED 34 YEARS, S/O. K.M.IBRAHIM, RESIDING AT HANEEFA MANZIL, THEKKEMOOLA, ERUTHUMKADAVU, MUTTATHODY VILLAGE, VIDYANAGAR POST, KASARAGOD DISTRICT. BY ADVS.SRI.T.MADHU SMT.C.R.SARADAMANI RESPONDENTS/ PETITIONERS: 1 ABIDA N.A., AGED 31 YEARS, D/O. ABDULLA N.M., RESIDING AT N.M.HOUSE, MOIDEEN MASJID ROAD, NELLIKUNNU, KASARAGOD VILLAGE AND POST, KASARAGOD DISTRICT-671 121. 2 MUHAMMED ADIL MINOR, AGED 5 YEARS, REPRESENTED BY HIS GUARDIAN AND MOTHER ABIDA N.A., RESIDING AT N.M.HOUSE, MOIDEEN MASJID ROAD, NELLIKUNNU, KASARAGOD VILLAGE AND POST, KASARAGOD DISTRICT-671 121. THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 28.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.M. Appl. No.1355 of 2013 & M.A.No.398/2013 -:2:-

JUDGMENT

Dated this the 28th day of October, 2019

A.M. SHAFFIQUE, J.

There is a delay of 21 days in filing the appeal. Notice in the delay petition was ordered on 28.06.2013. Learned counsel for the appellant submits that steps were taken on 25.10.2019. There is a delay of more than six years in taking steps. Perusal of the

judgment would indicate that the Family Court had only

awarded past maintenance from 01.02.2011 to 30.04.2012 and a meager amounts. Though the counsel for the appellant seeks indulgence to take out notice, we don't think that any further indulgence shall be given to the appellant. The delay petition as well as the Mat. Appeal are dismissed for non-prosecution. All pending interlocutory applications will stand closed. A.M.SHAFFIQUE,JUDGE T.V.ANILKUMAR,JUDGE DST //True copy// P.A.To Judge

Same Court & Year Kerala Orders · 2019 Same Parties Illyas a.K. vs Abida N.a. Same Judge Honourable Mr.Justice a.M.Shaffique,Honourable Mr.Justice T.V...