MUJEEB RAHMAN B K Vs. SHAHIDA R V

JUDGEMENT

(1.) This petition is for condonation of the delay of 152 days in filing a Mat.Appeal. The appeal, in turn, is directed against a decree for divorce granted under the Dissolution of Muslim Marriage Act in favour of the wife, the respondent herein.

(2.) The application for condonation of delay is opposed. Both the appellant and the respondent have re-married by now, it is submitted. In these circumstances, there is absolutely no merit or grace in the prayer for condonation of delay, submits the learned counsel for the respondent.

(3.) The fact that the appellant and the respondent have re-married is not disputed. The delay is long and inordinate - 152 days. The reasons advanced to condone the delay are far from satisfactory. The appellant could not raise the requisite amount for filing the appeal, it is urged. We are satisfied, in the circumstances of the case, that there is no sufficient reason to condone the delay of 152 days. In coming to this conclusion, we take note of the undisputed circumstance that both the spouses have got re-married after the impugned order.