Citation : 2025 Latest Caselaw 792 Mani
Judgement Date : 16 December, 2025
SHAMURAILATPAM SUSHIL Digitally signed by SHAMURAILATPAM
SUSHIL SHARMA
SHARMA Date: 2025.12.17 13:35:08 +05'30'
Sl. No. 23
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
MC(Mat.App.) No. 16 of 2025
Smt. Anupama (Echal) Pukhram
Applicant
Vs.
Shri Mayengbam Suraj Singh
Respondent
BEFORE
HON'BLE THE CHIEF JUSTICE MR. M. SUNDAR
HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH
ORDER
(Order of the Court was made by M. Sundar, CJ)
16.12.2025
[1] A matrimonial suit for restitution of conjugal rights filed by wife
being Matrimonial (R&C) Suit No. 8 of 2022 on the file of Family Court,
Manipur at Lamphelpat was dismissed. This 'judgment and order' shall be
referred to as 'impugned judgment' and the 'court' shall be referred to as a
'Family Court'.
[2] Mr. Ajoy Pebam, learned counsel for wife, submitted that
captioned 'miscellaneous case' ('MC') has been taken out with a condonation
of delay (CoD) prayer qua 52 (fifty two) days delay in filing the appeal
against the impugned judgment.
[3] Ms. Kh. Saibiya, learned counsel for the respondent/appellant,
adverting to objections dated 16.12.2025, submitted that wife had full and
complete knowledge of the impugned judgment of 06.06.2025 itself but
delay in filing of application for certified copy has caused 52 (fifty two) days
delay. It was also submitted that 52 days delay has not been properly
explained.
[4] Mr. Ajoy Pebam, learned counsel for wife submitted that under
the Hindu Marriage Act, 1955, the prescribed time is 90 (ninety) days
whereas under the Family Courts Act, 1984 the time limit for a statutory
appeal under Section 19 is 30 (thirty) days. It is in this context that there
was some dilemma which led to 52 (fifty two) days delay.
[5] This Court considered the submissions made on both sides.
[6] This Court finds that the reasons for delay is acceptable
considering facts and circumstances, the nature of the matter and the
manner in which the wife/MC applicant is circumstanced.
[7] The result is, delay is condoned, captioned MC is allowed and
ordered as prayed for.
[8] There shall be no order as to costs.
JUDGE CHIEF JUSTICE
Sushil
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