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1981 Supreme(Ker) 148

G.BALAGANGADHARAN NAIR
KUITIMALU – Appellant
Versus
SUBRAMONIAN – Respondent


Judgment :-

1. This petition is by the appellant in the appeal which has been filed from the decree of the District Judge, Manjeri allowing the respondent's application for dissolving the marriage between them under the Hindu Marriage Act. The petition purports to be under S.5, Limitation Act and seeks to condone the delay of 60 days in filing the appeal on the ground that she was under the bona fide impression, caused by the advice of her lawyer at Manjeri, that limitation for the appeal was 90 days and that it was when she met her lawyer at Ernakulam that she was advised that the time for appeal was only 30 days. In addition to her own affidavit the petitioner has produced an affidavit sworn by her lawyer at Manjeri that he had advised her that there were 90 days for filing the appeal and that he realised the mistake only later when it was pointed out by the Advocate at Ernakulam and he referred to the relevant provision in the Hindu Marriage Act. In the light of this latter affidavit which was occasioned by the respondent's attempt to undervalue the petitioner's unsupported affidavit, I am satisfied that there was sufficient cause - if S.5 of the Limitation Act applied - to cond
























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