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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Ravi Kumar Gupta, son of Lalan Prasad Gupta – Appellant
Versus
Prity Gupta @ Prity Kumari, wife of Ravi Kumar Gupta, Daughter of Sri Rakesh Kumar – Respondent
| Table of Content |
|---|
| 1. divorce appeal delayed 168 days; condonation sought for misconception, injury. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. sufficient cause requires no negligence, bona fides for delay condonation. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 3. appellant's implausible excuses show negligence; insufficient cause. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 4. delay not condoned; appeal and applications dismissed. (Para 30 , 31 , 32) |
JUDGMENT :
Sujit Narayan Prasad, J.
1. The instant first appeal, under Section 19(1) of Family Courts Act, 1984, is directed against the judgment and decree dated 28.10.2024 and 06.11.2024 respectively passed by learned Principal Judge, Family Court, Dhanbad in Original Suit No.398 of 2021, whereby and whereunder, the suit filed by the respondent-Prity Gupta under Sections 13(i-a)and(i-b) of Hindu Marriage Act, 1955, has been decreed in favour of the petitioner- respondent and the marriage between the petitioner and respondent has been dissolved and further the respondent-appellant was directed to pay Rs.10,00,000/- as full and final alimony to the petitioner- Prity Gupta.
2. At the outset, Mr. Shekhar Prasad Sinha, the
Inordinate 168-day delay in matrimonial appeal not condoned; misconception of limitation period and bicycle injury deemed insufficient cause due to negligence, lack of diligence and bona fides.
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....
Inordinate 211-day delay in divorce appeal not condoned; illness, financial hardship and distant work held insufficient cause lacking diligence and bona fides, despite knowledge of judgment.
The court emphasized that sufficient cause for delay in filing an appeal must be adequately justified, and negligence or lack of bona fides can bar condonation.
The Court emphasized that sufficient cause for condoning appeal delays must include diligence and bona fides; ignorance of law and financial hardship alone are insufficient grounds for delay beyond t....
The main legal point established in the judgment is the requirement for a sufficient cause and bona fide motive when seeking condonation of delay.
The court emphasized that sufficient cause must be shown for condoning delay in filing appeals, with negligence and inaction being critical factors.
The law of limitation must be applied strictly, and delay in filing appeals can only be condoned on sufficient cause, which was not established in this case.
The court emphasized that sufficient cause must be shown for condoning delay in filing appeals, and mere claims without evidence are insufficient.
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