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2022 Supreme(Del) 426

ASHA MENON
Sh. Jagmohan Kashyap – Appellant
Versus
Govt. of NCT of Delhi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Ashish Upadhyay, Adv.
For the Respondents: Ms. Meenakshi Chauhan, Mr. S.S. Wani & Mr. Hasnain Khwaja, Advs.

JUDGMENT :

Asha Menon, J.

1. The petitioners and respondent No. 2 are husband and wife. Multifarious litigation is going on between them, one before the learned MM under the Protection of Women from Domestic Violence Act, 2005 (DV) Act and the other before the learned Family Court under Section 125 Cr.P.C. The present petition has been preferred against the orders dated 30th January, 2020 passed by the learned ASJ, Saket Court in an application preferred by the respondent No. 2, u/s 5 Limitation Act against the order of the learned MM, dated 29th September, 2014 condoning a delay of three years and ninety-nine days in filing an appeal against the said order.

2. It may be mentioned here that in the complaint case filed by the respondent No. 2 under the DV Act, vide orders dated 29th September, 2014, her application filed under Section 23 for seeking interim maintenance from the petitioner was dismissed. The learned ASJ opined that though there was a long delay in filing the appeal, the appellant had sufficiently explained the cause for the delay. Accordingly, the application for condonation of delay was allowed subject to cost of Rs. 8,000/-.

3. It is the contention of Mr. Ashish Upadhy

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