SANTHAMMA Vs. BINDU

JUDGEMENT

(1.) PETITIONER seeks to condone the delay in filing appeal against the judgment passed by the Family Court in O. S. No. 87/95 dated 26. 2. 1996. In the supporting affidavit it is stated by the petitioner that he thought that the appeal need be filed within a period of 90 days but later he realised that it should be filed within a period of 30 days of the judgment and this being a mistake on the part of the counsel the delay may be condoned.

(2.) A certified copy of the judgment given to the petitioner is produced before us and it does not contain the endorsement as envisaged under R. 10 of the Family Courts (Procedure) Rules, 1989. R. 10 says that a copy of every judgment/order against which an appeal lies under S. 19 of the Act, shall be given free of cost to the parties and sub clause (ii) of R. 10 says that "at the top of the first page of the judgment or order there shall be the following endorsement: An appeal can be preferred to the High Court, of Kerala within a period of 30 days from the date of the judgment/ order".