S.K.SETH, DEEPAK VERMA
ARUNA CHOUDHARY – Appellant
Versus
SUDHAKAR CHOUDHARY – Respondent
Deepak Verma, J.
This order shall govern disposal of all those Misc. Appeals the details of which have been given in Annexure-A attached herewith, as common questions of law and facts were involved in the same, thus they were heard analogously.
Some of the Appeals have become time barred, mainly due to the fact that on account of perplexity, it was not known to the aggrieved parties, as to what would be the proper remedy available to them in the facts and features of the case. Since the parties had genuine difficulty in coming to a definite conclusion about the remedy available to the aggrieved parties, hence delay has been caused. Thus, delay caused deserves to be condoned. Hence all the M.C.Ps. filed in this regard, seeking condonation of delay are allowed. Delay stands condoned. All Misc. Appeals be treated to have been filed within the period of limitation. M.C.Ps. stand closed.
It is necessary to capitulate brief facts of this case, so as to know as to how the matters have been placed before the Division Bench.
The appellant herein, claiming to be wife of the respondent, filed an application u/s 125 of the Code of Criminal Procedure (hereinafter, for brevity shall be referred
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