Smt. Saroj vs Videsh Kumar
2021 Latest Caselaw 3352 Chatt

                    HIGH COURT OF CHHATTISGARH, BILASPUR

                                         Order Sheet

                                 FA (MAT) No. 39 of 2020

                              Smt. Saroj Versus Videsh Kumar




29.11.2021         Mr. Aditya Bharadwaj, counsel for the Appellant.

                   There is no representation on behalf of the respondent though

notice has been served.

The matter is taken up for I.A. No. 01/2020, seeking condonation of delay in filing of the appeal.

The Registry has pointed out the delay of 175 days calculating the limitation of filing the appeal to be 30 days.

Taken into consideration the judgment passed in Preeti Meshram Vs. Himashu Wasnik (FAM No. 53/2019) and applying the same analogy in the present appeal as the original proceedings were under the Special Marriage Act 1954 and under Section 39 of the said Act, period for limitation for filing an appeal against the decree and orders is 90 days. The limitation in the filing of the present appeal has also to be treated as 90 days instead of 30 days as pointed out by the Registry. Considering 90 days to be the period of limitation, the delay in instant case would come to 115 days.

Having heard the contentions put forth by the counsel for the appellant as also taking note of the submissions made by the appellant in the application under Section 5, the delay of 115 days in the filing of the appeal hence condoned.

The appeal stands admitted for hearing.

Let fresh notice be issued to the respondents on payment of PF by ordinary as well as by registered mode to be paid within the period of two weeks.

Call for the records of the Court below and the matter be listed for further hearing thereafter.

                    Sd/-                                  Sd/-
               (P. Sam Koshy)                         (Rajani Dubey)
                    Judge                                 Judge




V/-