JUDGMENT

The appellant/wife has assailed judgment and decree passed in RCSHM/372/2022 dated 13.1.2022 passed by Principal Judge, Family Court, Katni (MP), whereby joint petition filed by appellant/wife and respondent/husband under Section 13(B) of Hindu Marriage Act, 1955 (for short, 'the Act') for divorce by mutual consent was allowed and decree of divorce was passed.

2. Along with appeal, I.A.No.11571/2023 has been filed by Signature Not Verified appellant/wife under Section 5 of Limitation Act for condonation of delay of 152 days occured in preferring the present appeal. It is stated in application that appellant was suffering from various mental disorders like adjustment disorder with depressed mood, depression etc. and therefore, she was unaware of proceedings of Court and when she came to know about decree of divorce passed by family court, she filed instant appeal however, due to illness and being unaware of decree passed by family court, she could not file appeal earlier and, therefore, delay occurred in filing appeal be condoned. Learned counsel for the appellant prays for condonation of delay occurred in filing the appeal.

3. Learned counsel appearing on behalf of respondent/husband opposed the application on the ground that no cogent and sufficient reasons have been assigned by appellant/wife for condonation of delay. He further submits that appellant/wife herself was present before the family court on 13.1.2023, when judgment of divorce was passed and therefore, it cannot be accepted that she was not aware of passing of judgment and decree. He further submits that appellant/wife has not explained day to day delay and therefore, the application be rejected.

4. Reasons assigned for causing delay is bonafide and sufficient.

Application is supported by affidavit of appellant and medical documents (prescriptions of various doctors) filed as Annexure A-2 along with appeal memo to demonstrate that wife was suffering from mental disease. It is certified by Dr. Sarang Pandit by certificate dated 26.4.2023 that appellant/wife was under his treatment for adjustment disorder with depressed mood from 22.4.2022 and will require regular treatment and psychotherapy to recover from Signature Not Verified illness.

5. Medical treatment papers filed along with appeal reveals that appellant/wife was under treatment of Dr. Swapnil Agrawal on 7.3.2022 and thereafter, she consulted to Dr. Amitesh Dubey on 25.3.2022 and on subsequent dates also. She was under treatment of Dr. Sarang Pandit since 22.4.2022 and continuously remained under treatment till 3.7.2023 and on

21.7.2023, present appeal has been preferred by appellant/wife.

6. After perusal of prescriptions filed along with appeal as Annexure A-2 (collectively), it reveals that appellant/wife was under treatment with many doctors and therefore, reasons assigned by appellant/wife for not approaching to Court within prescribed limitation, appears to be reasonable, acceptable and sufficient. Accordingly, application filed for condonation of delay is allowed.

Delay is condoned.

7. The appeal is considered on merits with the consent of counsel for parties and heard for final disposal.

8. Appellant/wife has challenged judgment and decree passed by learned Family Court under Section 13(B) of Hindu Marriage Act on the ground that appellant/wife was not in a mental fitness to understand nature of proceedings and respondent/husband by practicing fraud, pressurised appellant/wife to give consent and evidence for divorce by mutual consent and therefore, judgment and decree passed by Family Court are liable to be set aside as same was not passed on the basis of free consent of appellant/wife and her consent is vitiated because she was not in her sense and her husband has taken undue advantage of situation. Learned counsel for appellant/wife prays for setting aside judgment and decree dated 13.1.2023.

9. Learned counsel appearing on behalf of respondent/husband submits Signature Not Verified that joint applic