FA/211/2025
2025 Latest Caselaw 6036 UK

Uttarakhand High Court

FA/211/2025 on 2 December, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

                    Office Notes,
                   reports, orders
                   or proceedings
SL.
        Date        or directions                   COURT'S OR JUDGE'S ORDERS
No.
                   and Registrar's
                     order with
                     Signatures
      02.12.2025                     F.A. No.211 of 2025

                                     Hon'ble Ravindra Maithani, J.

Hon'ble Alok Mahra, J.

Mr. Gaurav Kandpal and Mr. Saurav Adhikari, learned counsel for the appellant.

2. The appellant proposes to challenge the judgment and decree dated 08.09.2025, passed in Original Suit No. 16 of 2021 by the court of the learned Additional Principal Judge, Family Court, Haldwani, District Nainital, whereby the suit filed by the appellant/husband under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 was decreed in favour of the appellant and a decree of divorce was passed.

3. The Registry has raised an objection that the appeal is barred by limitation, and therefore a delay condonation application is required, which has not been filed by the appellant.

4. Learned counsel for the appellant submits that a Coordinate Bench of this Court, in F.A. No. 69 of 2023, vide order dated 10.05.2023, has dealt with this very issue, relying upon the judgment of the Kerala High Court in Viswanathan P.K. Vs. Sindhu M.K., 2009 SCC OnLine Ker 4124.

5. At this stage, the defect as pointed out by the Registry stands removed. The question of limitation shall remain open for consideration.

6. Issue notices to the respondents, returnable within six weeks.

7. List this case on 10.02.2026.

(Alok Mahra, J.) (Ravindra Maithani J.) 02.12.2025 02.12.2025 Mamta