Smt. Babita Das @ Bhagawati Das vs Sri Ranjit Das
2024 Latest Caselaw 1193 Tri

Tripura High Court

Smt. Babita Das @ Bhagawati Das vs Sri Ranjit Das on 16 July, 2024

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                        HIGH COURT OF TRIPURA
                              AGARTALA
                  IA No.01/2024 in Mat. App. No.09 of 2024
                          Mat. App. No.09 of 2024
Smt. Babita Das @ Bhagawati Das
                                                  .........Applicant/Appellant(s);
                                     Versus
Sri Ranjit Das
                                                           .........Respondent(s).

For Applicant/Appellant(s) : Mr. R.G. Chakraborty, Advocate. For Respondent(s) : Ms. S. Chowdhury, Advocate. HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH HON'BLE MR. JUSTICE S.D. PURKAYASTHA Order 16/07/2024 IA No.01/2024 in Mat. App. No.09 of 2024

By the impugned judgment, divorce has been granted in favour of

the petitioner/respondent-husband by the learned Additional Judge, Family

Court, Agartala, West Tripura in T.S. (Divorce) 100 of 2019 on the grounds of

cruelty.The appeal suffers from a delay of 264 days for condonation of which

IA No.01/2024 has been filed.

An objection has been filed to the delay condonation application as

well. Mr. R.G. Chakraborty, learned counsel for the appellant, submits that

after obtaining the certified copy of the order, the appellant first approached the

High Court Legal Services Committee for legal aid as she falls in the category

of 'persons under Section 12(c) of the Legal Services Authorities Act, 1987.

Thereafter, certified copy of the impugned judgment was obtained and the file

was handed over to the legal aid counsel for drafting the appeal. Appellant has

been ekeing out her livelihood by working as a household maid. She is a rustic

village lady who needs to be accompanied with someone. She is dependent on

her son who is out of his home town in course of job. For all these reasons, the

appeal could not be preferred within the statutory period. However, since a

decree of divorce has been passed against her on stigmatic grounds of cruelty,

she would be highly prejudiced and suffer irreparable loss if the appeal is not

heard on merits.

Respondent-husband has objected to the prayer. It is stated that the

delay in preferring the appeal has not been properly explained. Husband has

undergone regular torture after marriage at the hands of the appellant-wife who

also has been filing false police cases with allegation of demand of dowry.

Husband and his parents have been acquitted for want of evidence. As such,

delay may not be condoned as no good grounds are made out.

On consideration of rival submission of the parties and having

regard to the explanations urged that the appellant is a poor lady ekeing out her

livelihood as a household maid and that she had to approach the High Court

Legal Services Committee for legal aid and only thereafter the certified copy of

the impugned judgment was obtained and the appeal was prepared and filed, we

are of the opinion that the delay has been duly explained. As such, it is

condoned.

IA stands disposed of.

The appeal is admitted for hearing.

Call for the lower Court records from the concerned Court.

Office to prepare Paper Book on receipt of the LCRs.

Matter be listed for hearing in usual course.

(S.D. PURKAYASTHA), J (APARESH KUMAR SINGH), CJ

Pijush/

MUNNA SAHA Digitally signed by MUNNA SAHA Date: 2024.07.16 16:26:09 +05'30'