Neetu Sharma vs Romesh Kumar
2022 Latest Caselaw 1486 j&K

                                                                      Sr.No. 4



        HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                        AT JAMMU

                                                 RFA No. 23/2022
                                                 CM No. 4984/2022
                                                 CM No. 4985/2022



Neetu Sharma                                                      ....Petitioner(s)

                Through:-      Mr. Navyug Sethi, Advocate



V/s

Romesh Kumar                                                    ....Respondent(s)

        Through :-             Mr. Varun Raina, Advocate

Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
                                     ORDER

27.10.2022

The Court of learned Principal Judge Family Court, Jammu vide his

judgment and decree dated 31.03.2022 on file no. Mat.Case/12199/2012, has

granted a decree of divorce against the appellant herein and in favour of the

respondent herein.

Against the said judgment and decree dated 31.03.2022, the present

civil first appeal has came to be filed by the appellant which is suffering delay of

47 days as the appeal came to be filed on 16.08.2022 beyond prescribed period

of 90 days.

The reasons cited in CM no. 4984/2022 seeking condonation of delay

is that the appellant was not apprised of passing of the impugned decree and

judgment by the counsel representing the appellant and by the time the appellant

came to learn about passing of the impugned decree and judgment the delay has

set in.The reasons cited in the application constitute sufficient cause.

In view of the given facts and circumstances of the case delay of 47

days in filing the appeal is condoned. Appeal is taken on record.

Issue notice to the respondent. The appellant to furnish registered

postal covers for service of the respondent within one week.

CM no. 4985/2022 is filed seeking stay of operation of impugned

decree dated 31.03.2022 passed on file no. Mat.Case/12199/2012 pending final

disposal of the present civil first appeal. Given the fact that the appeal is

continuation of the lis and in the event of non staying of the impugned decree,

the appellant may suffer serious prejudice as such it is in the interest of justice

that this Court deems it proper to direct stay of operation of the impugned decree

dated 31.03.2022 passed on file no. Mat.Case/12199/2012 pending final disposal

of the main matter, thus there shall be stay of operation of the impugned decree

till final disposal of the present appeal.

Send for the record of file no.Mat./case/12199/2012 from the court of

learned Principal Judge Family Court, Jammu.

The parties are directed to be present in person on the next date of

hearing for the purpose of reconciliation effort to be first taken by this Court to

see as to whether there is any possibility of amicable resolution of the dispute

and litigation between the parties.

List this case on 28.11.2022.

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(Rahul Bharti) Judge Jammu:

27.10.2022 Meenakshi ,