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HIGH COURT OF JUDICATURE AT ALLAHABAD
ARINDAM SINHA, SATYA VEER SINGH
Neha Jaykishore Mehrolia – Appellant
Versus
Rahul Sisodia – Respondent
| Table of Content |
|---|
| 1. merits examination necessary for condonation of delay. (Para 1 , 2 , 3) |
| 2. s12 voidable marriage barred by cohabitation; prior marriage needs proof. (Para 4 , 5) |
| 3. affidavit admits prior marriage; reunion excuses no delay. (Para 6 , 7) |
| 4. s11 voids marriage for subsisting spouse; admission proves without ceremonies. (Para 8 , 9) |
| 5. no sufficient cause condones 654-day delay; dismiss appeal. (Para 10 , 11) |
JUDGMENT :
Arindam Sinha, J.
1. Mr. Saurabh Sachan, learned advocate appears on behalf applicant- appellant and presses for admission of the appeal on condonation of reported delay of 654 days. Mr. Ajai Kumar Srivastava, learned advocate appears for respondent.
2. Applicant-appellant was wife in the marriage declared void by judgment dated 18th August, 2023 of the Family Court. Mr. Sachan presses for admission on submission that respondent took ground under section 12(1)(c) in Hindu Marriage Act, 1955. Sub-clause (ii) under clause (a) in sub-section (2) of section 12 bars respondent from having taken the ground since he, subsequent to filing of the petition, cohabitated with his client and there was a baby from the union.
3. The application for condonation of delay was
Void marriage under Section 11 HMA for subsisting prior spouse upheld; admission via affidavit post-notice suffices without proving ceremonies; 654-day appeal delay not condoned for lack of bona fide....
The court established that a decree of divorce, whether contested or ex-parte, allows either party to remarry once the appeal period has expired, as per Section 15 of the Hindu Marriage Act, 1955.
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.
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.
An appeal against a decree of divorce by mutual consent is not maintainable if the consent is claimed to be obtained through fraud or misrepresentation.
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....
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