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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
ROHIT ARYA, AVANINDRA KUMAR SINGH
Priyanka – Appellant
Versus
Anoop Singh Tomar – Respondent
| Table of Content |
|---|
| 1. discussion of mediation and initial proceedings. (Para 1) |
| 2. legal standards on condonation of delay. (Para 2) |
| 3. details of delay and grounds for appeal. (Para 3 , 4) |
| 4. arguments regarding notice and service issues. (Para 5 , 6 , 12) |
| 5. court observations on service of notice. (Para 7 , 8 , 9 , 10 , 11) |
| 6. court's caution on procedural adherence. (Para 13 , 14) |
JUDGMENT :
1. On 05/10/2023 during discussion, learned counsel for the respondent referring to judgment of Hon'ble Supreme Court in Karuna Kansal Vs. Hemant Kansal (Civil Appeal Nos. 4847-4848 of 2019 and Arising out of SLP (C) Nos. 7529-7530 of 2015) submitted that before this Court deals with the appeal with I.A. No.1025/2023 filed under Section 5 of LIMITATION ACT , this Court may consider possibility of mediation between the parties as reiterated in the said judgment by the Apex Court.
This Court called upon counsel for the appellant and the appellant to make an offer. It is stated that about Rs.20,00,000/- were spent on marriage solemnized on 06/03/2018 and so far about Rs.5,00,000/- are due towards arrears of maintenance as ordered by the trial Court under Section 125 of Cr.P.C. on 13/02/2023 in MJC No.
Courts must take a liberal approach to condone delays in appeals when justice requires it, focusing on adequate notice and procedural adherence.
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....
The main legal point established is the importance of considering the maintainability of applications before granting interim orders and the need to expedite pending cases without disturbing interim ....
Tribunal lacks jurisdiction to condone delay in appeal beyond 15 days under Section 61(2) of the IBC.
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.
Substituted service of summons through publication is only permissible when proper procedures are followed; failure to do so invalidates ex-parte judgments.
Actual service of summons by registered post acknowledgment due is valid, even if defendants reside outside jurisdiction, and non-compliance with procedural rules does not equate to no service.
An ex parte divorce decree can be challenged posthumously by the aggrieved spouse, reaffirming the right to contest divorce and the necessity of proper service in accordance with established legal pr....
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