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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, SANJAY PRASAD
Menka Kumari, wife of Uttam Kumar Das – Appellant
Versus
Uttam Kumar Das, son of Late Sudhir Das – Respondent
| Table of Content |
|---|
| 1. challenge to divorce decree (Para 1 , 2 , 3) |
| 2. application for delay condonation (Para 4 , 5 , 6) |
| 3. requirement of sufficient cause for delay (Para 20 , 26 , 31) |
| 4. interpretation of sufficient cause (Para 27 , 28 , 29) |
| 5. quashing of ex-parte judgment (Para 40 , 70) |
Judgment :
1. The instant appeal has been filed challenging the legality and propriety of impugned judgment passed ex-parte on 18.04.2024 and decree signed on 02.05.2024 by learned Additional Principal Judge, Additional Family Court-II, Dhanbad whereby and whereunder the Original Suit No. 545 of 2023 filed by the respondent-husband under Section 13(1)(i-a)(i-b) of the Hindu Marriage Act, 1955 for a decree of divorce has been allowed and marriage solemnized between both the parties has been dissolved.
3. Learned counsel appearing for the parties have jointly submitted that the matter now needs to be heard on merit.
I.A. No.2923 of 2025
6. Mr. Aditya Baneerjee, learned counsel appearing for the appellant has submitted that the judgment passed by he learned Additional Family Judge, which is impugned in the present appeal, is ex-parte and the appellant has not been provided an opportunity to contest the case.
8.
The court emphasized the necessity of proper service of notice in family law proceedings to uphold the right to a fair hearing, determining that procedural missteps can lead to serious miscarriages o....
Courts must take a liberal approach to condone delays in appeals when justice requires it, focusing on adequate notice and procedural adherence.
Tribunal lacks jurisdiction to condone delay in appeal beyond 15 days under Section 61(2) of the IBC.
The principle that a party must provide a sufficient and bona fide explanation for any delay in filing an appeal, particularly when the party is educated in law, is crucial for the court's discretion....
The court reaffirmed that substituted service under the Code of Civil Procedure does not constitute adequate service, necessitating substantiation of claims in applications for condonation of delay.
The right to a fair hearing must be upheld in legal proceedings; ex-parte decrees are void if due process and opportunities to defend are denied.
Rules of limitation are not meant to destroy the rights of parties. They are meant to see that parties do not resort to dilatory tactics, but seek their remedy promptly. The object of providing a leg....
If summons issued on the correct address have not been returned, the presumption is that the summons has been received by the addressee.
The Trial Court's decision in favor of the plaintiffs/respondent Nos. 1 and 2 and against the appellant without ensuring notice to the appellant and/or his counsel had been effected was in violation ....
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