V.Kirubanithi, S/o.K.Varadharajan vs G.D.Yogalakshmi, D/o.G.Durairaj Late

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Mad) 1027

IN THE HIGH COURT OF JUDICATURE AT MADRAS
SHAMIM AHMED
V.Kirubanithi, S/o.K.Varadharajan – Appellant
Versus
G.D.Yogalakshmi, D/o.G.Durairaj Late – Respondent

Advocates Appeared:
For the Petitioner: Mr.M.Maharaja

Table of Content
1. judicial review of precedents concerning condonation of delay and the weighing of hardship versus public policy. (Para 1 , 2 , 4 , 5 , 6 , 7 , 11 , 12)
2. final order dismissing the petition due to lack of bona fide explanation for delay. (Para 3)
3. assessment of standard limitation periods and the 'sufficient cause' requirement. (Para 8 , 9 , 10)

ORDER :

Shamim Ahmed, J.

1.This Crl.MP.No.1012 of 2026 is filed, under Section 5 of the Limitation Act, to condone the delay of 1714 days in preferring the Crl.RC.SR.No.102378 of 2025.

2.This Crl.RC.SR.No.102378 of 2025 is filed, under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), against the order, dated 28.01.2019, passed in MC.No.338 of 2018, by the VII Additional Family Court, Chennai.

3.The facts of the case, as set out in the affidavit filed in support of this Petition, are that the Revision Petitioner is the husband and the Respondent is the wife and they got married on 04.12.2016. Due to matrimonial dispute, the Revision Petitioner had filed HMOP.No.1625 of 2017 for divorce, which was dismissed for default on 13.11.2018 and the HMOP.No.1060 of 2019 filed by the Respondent, seeking restit