Laishram Sanamatum vs Laishram Ronika Devi
2022 Latest Caselaw 130 Mani

KABORA Digitally signed
                                                                                         Item No. 6
MBAM by KABORAMBAM

SANDEE SANDEEP    SINGH

                                    IN THE HIGH COURT OF MANIPUR
        Date: 2022.04.07

P SINGH 17:13:21 +05'30'


                                              AT IMPHAL

                                       MC (Mat. App.) No. 10 of 2018
                                        [Ref: Mat. App. No. 10 of 2018]

                           Laishram Sanamatum
                                                                                       Applicant
                                                  Vs.
                           Laishram Ronika Devi

                                                                                    Respondent

BEFORE HON'BLE THE CHIEF JUSTICE MR. SANJAY KUMAR HON'BLE MR JUSTICE LANUSUNGKUM JAMIR

07.04.2022.

Sanjay Kumar (C.J.):

The petitioner seeks condonation of the delay of 183 days in presenting

an appeal against the judgment and order dated 02.04.2018 passed by the

Family Court, Bishnupur, in Cril. (Maintenance) Case No. 1 of 2018. The

petitioner, being the husband, was the respondent therein.

Notice having been ordered on the condone delay petition, Mr. K.

Achouba, learned counsel, appeared for the respondent-wife. He now states that

he has no objection to the petition being considered on its own merits. It may be

noted that the respondent-wife earlier filed an affidavit-in-opposition on

16.02.2022 wherein she stated that she had not received a copy of the condone

delay petition but asserted that the appellant had intentionally delayed the case

and there was no sufficient cause for condoning the delay.

Taking note of her statement that she was not served with a copy of

the condone delay petition, this Court passed an order on 21.02.2022 directing

Mr. I. Denning, learned counsel for the applicant/appellant, to serve a copy of the

condone delay petition upon the learned counsel for the respondent-wife.

MC (Mat. App.) No. 10 of 2018 Page 1 Despite such service, Mr. K. Achouba, learned counsel, now states that

he does not wish to file a fresh affidavit-in-opposition and that the condone delay

petition may be considered on its own merits.

Perusal of the record reflects that the applicant/appellant failed to

appear before the Family Court despite filing a written statement. In the condone

delay petition, he stated that the counsel engaged by him did not keep him

informed about the progress of the case and he came to know of the judgment

dated 02.04.2018 only when he received a summons on 12.08.2018 in the

execution proceedings filed in relation thereto.

In the light of the explanation offered by the applicant/appellant and as

the delay is not substantial, the same is condoned.

MC (MAT. App.) No. 10 of 2018 is accordingly allowed.

                     JUDGE                         CHIEF JUSTICE
Sandeep




MC (Mat. App.) No. 10 of 2018                                               Page 2