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2017 Supreme(Chh) 139

PRASHANT KUMAR MISHRA, CHANDRA BHUSHAN BAJPAI
Shikha Majumdar @ Shabina Begam W/o Shri Anutosh Majumdar – Appellant
Versus
Anutosh Majumdar S/o Shri Paritosh Majumdar – Respondent


Advocates Appeared:
For the Appellants : Smt. Fouzia Mirza
For the Respondent: Shri Anumeh Shrivastava

JUDGMENT :

The seminal issue to be decided in this appeal under Section 19 of the Family Courts Act, 1984 is whether the Family Court is justified in dismissing the suit at the stage of registration.

2. This appeal is barred by 601 days for which the appellant has preferred an application under Section 5 of the Limitation Act for condonation of delay, therefore, before proceeding to deal with the merits of the appeal, we shall consider the application for condonation of delay.

3. It was argued that because of financial constraints the appellant No.1 could not approach this Court within time to challenge the impugned order, however, when she received notice in Civil Suit No. 94-A/2015 filed by the respondent for declaration wherein similar relief in relation to marital status of the parties has been prayed, she was constrained to approach this Court, therefore, the delay being bona fide and unintentional deserves to be condoned.

4. On the other hand, the respondent would state that appellant No.1 is a working woman and has filed 3 separate proceedings under Sections 127 CrPC, 125 (3) CrPC and under Sections 18, 19, 20, 21 & 22 of the Domestic Violence Act from June to November, 2015, th




























































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