FA/29/2025
2025 Latest Caselaw 4154 UK

Uttarakhand High Court

FA/29/2025 on 9 September, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

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                               F.A. No. 29 of 2025

                               Hon'ble Ravindra Maithani, J.

Hon'ble Alok Mahra, J.

Mr. Prem Prakash Singh Phartiyal, learned counsel for the appellant.

2. Ms. Chitra Joshi, learned counsel for respondent.

3. The present appeal has been preferred against the judgment and order dated 21.11.2014 passed by the learned Additional Family Court, Kotdwar, District Pauri Garhwal, in Matrimonial Suit No. 53 of 2019, whereby the suit filed by the appellant/plaintiff under Section 13(1)(i-a) of the Hindu Marriage Act for divorce has been rejected.

4. There is a delay of 74 days in filing the present first appeal. Accordingly, the appellant has filed Delay Condonation Application (IA No. 1 of 2025) seeking condonation of the said delay.

5. Learned counsel for the appellant would submit that the appeal has not filed within time as the appellant is working as Teacher and he could not have time to file appeal on time.

6. Having considered the grounds taken in the application, we are of the view that the sufficient cause has been shown for condoning the delay. Accordingly, the delay condonation application is allowed. The delay of 74 days in filing the first appeal is hereby condoned.

7. Let the lower court record be summoned.

8. List this case on 17.11.2025.

(Alok Mahra, J.) (Ravindra Maithani J.) 09.09.2025 09.09.2025 Mamta