FA/206/2023
2025 Latest Caselaw 5792 UK

Uttarakhand High Court

FA/206/2023 on 26 November, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

              Office Notes,
       Date      reports,
                orders or                    COURT'S OR JUDGE'S ORDERS
              proceedings
              or directions
                   and
               Registrar's
               order with
               Signatures
D/12                          Delay Condonation Application (IA) No.1 of 2023
                              In
                              FA No.206 of 2023
                              Hon'ble Ravindra Maithani, J.

Hon'ble Alok Mahra, J.

Ms. Mamta Bisht, Advocate for the appellant. Mr. Avidit Noliyal, Advocate for the respondent. The matter was referred to the conciliation to the Counsellor of the ADR Centre of this Court on 10.09.2025. It has been unsuccessful. The matter shall be heard on merits. The appellant proposes to challenge the judgment and order dated 29.04.2023, passed in Family Case No.344 of 2022, by the court of Judge, Family Court-I, Rudrapur, District Udham Singh Nagar, by which, the application under Section 22 of Hindu Adoption and Maintenance Act, 1956 for maintenance filed by the respondent has been allowed. It is delayed by 203 days. Delay Condonation Application (IA) No.1 of 2023 has been filed.

Heard on delay condonation application. According to the delay condonation application, on 03.11.2023 the appellant came to know about some ex parte order against him. Thereafter, he enquired and certified copy could be obtained on 21.11.2023. In that process delay occurred.

Initially notices were issued to the respondent on the delay condonation application, but post appearance of the respondent the matter was considered, so as to explore the possibility of amicable settlement between the parties, which could not takes place.

Learned counsel for the respondent would submit that it is an ex parte order; it may be remanded back for proper adjudication before the court below.

At present, the matter is for delay condonation application. In fact, the matter is pending to this Court for the last two years on this stage only.

Having considered, we are of the view that there are good grounds to condone the delay. Therefore, the delay in filing the first appeal is condoned. The delay condonation application is allowed.

In order to appreciate the arguments on admission, call for the LCR.

List on 24.02.2026.

(Alok Mahra, J.) (Ravindra Maithani, J.) 26.11.2025 Sanjay