Smt. Aarti vs Ashish Sahu
2023 Latest Caselaw 3266 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                         FA No. 1472 of 2022
                                                         (SMT. AARTI Vs ASHISH SAHU)

                          Dated : 22-02-2023
                                   Shri P.K. Naveria - Advocate for the appellant.

                                   Ms. Meena Verma - Advocate for the respondent.

Heard on I.A. No.11663/2022, which is an application for condonation of delay.

Learned counsel for the appellant submits that the appellant and

respondent are contesting two matters relating to proceedings under Section 125 of Cr.P.C and Section 9 of Hindu Marriage Act before the Family Court, Jabalpur. The respondent has entered appearance in those matters before the Court at Jabalpur. He never informed the appellant or his counsel that he has filed a suit for divorce before the Family Court, Sagar. The appellant was never put to notice and served in case No. RCS-HM No.10/20 decided on 12.02.2021. The appellant came to know about the ex parte decree only when the said judgment and decree was filed in aforesaid proceedings related to Section 125 of Cr.P.C. and Section 9 of Hindu Marriage Act.

On gathering this information on 13.09.2022, he promptly obtained certified copy and filed the instant application. Thus, delay is unintentional and beyond the control of the appellant. The delay of 120 days may be condoned.

Learned counsel for the respondent opposed the prayer on the basis of reply filed.

We have heard on this aspect.

In our opinion the appellant has given sufficient cause for belatedly filing the appeal.

Signature Not Verified Signed by: ROSHNI SINGH Signing time: 23-Feb-23 10:49:19 AM

Accordingly, I.A. is allowed and delay is hereby condoned. Appeal is admitted for hearing.

Learned counsel for the parties fairly submitted that the matter may be sent for mediation so that parties may take a chance to resolve the dispute amicably.

As agreed parties shall appear before the High Court Mediation Center on 28.03.2023 at 11:00 am.

The Registry shall appoint a mediator.

List thereafter with mediation report.

                              (SUJOY PAUL)                                (AMAR NATH (KESHARWANI))
                                 JUDGE                                             JUDGE
                          R




Signature Not Verified
Signed by: ROSHNI SINGH
Signing time: 23-Feb-23
10:49:19 AM