Aniruddh Kumar vs Smt Ram Dulari
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Allahabad High Court

Aniruddh Kumar vs Smt Ram Dulari on 2 May, 2024

Author: Vivek Kumar Birla

Bench: Vivek Kumar Birla

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:79177-DB
 
Court No. - 29
 

 
Case :- FIRST APPEAL DEFECTIVE No. - 133 of 2024
 

 
Appellant :- Aniruddh Kumar
 
Respondent :- Smt Ram Dulari
 
Counsel for Appellant :- Sanjay,Vinod Kumar Maurya
 

 
Hon'ble Vivek Kumar Birla,J.
 

Hon'ble Syed Qamar Hasan Rizvi,J.

Re: Civil Misc. Delay Condonation Application No.01 of 2024

1. List has been revised. No one appears to press this application.

2. Present appeal has been filed against the judgment and order dated 05.09.2023 passed by Principal Judge, Family Court, Jaunpur in Review Application NO.114 of 2023 (Aniruddh Kumar Vs. Smt. Ram Dulari), under Section 13 of the Hindu Marriage Act.

3. The stamp reporter has reported appeal beyond time by 77 days.

4. On 13.03.2024 following order was passed:-

"1. Counsel for the appellant prays for time to complete instructions as to whether the appellant is prepared to deposit a sum of Rs.50,000/- for the purpose of referring the matter for mediation.

2. List on 19.04.2024, as fresh."

5. In the absence of the counsel for the appellant it appears that the appellant is not prepared to deposit Rs.50,000/- for the purpose of referring the matter before the mediation centre.

6. On perusal of the impugned order, it appears that the Family Court has rejected the application filed by the appellant, under Order 9 Rule 4 read with Section 151 C.P.C. on the ground that the appellant was aware of the order dated 16.11.2017 and has filed the petition after five years without placing on record or indicating as to whether compromise had taken place between the parties and by that reason he had not appeared in the divorce petition on 16.11.2017. Subsequently, appellant filed an application for recall of the said order but the same was also found to be vague and was also rejected vide order dated 05.09.2023.

7. In such view of the matter, we find that filing of the present petition is not bona fide and the same is without merit.

8. In this background we find no good ground to condone the delay.

9. Delay condonation application is accordingly rejected.

Re: Appeal

1. Since the delay condonation application has been rejected today, consequently, present appeal also stands dismissed.

Order Date :- 2.5.2024

Nitendra