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[2026:RJ-JD:13770-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

D.B. Civil Misc. Appeal No. 3363/2024

Kailash S/o Late Jagdish Mali, Aged About 38 Years, R/o House No. 1189/15 Maharishi Colony, Kalka Mata Road, Pahada, District

Udaipur (Rajasthan)

----Appellant Versus

Shrimati Vijayalata W/o Kailash Mali, Aged About 33 Years, Daughter Of Kishanlal Residence Of 1189/15 Maharshi Colony, Kalka Mata Road, Pahada, District Udaipur (Rajasthan) At Present Mavli Road, Dabok Circle, Near Shiv Temple Dabok,

Tehsil Mavli, District Udaipur Rajasthan ----Respondent

For Appellant(s) : Mr. Rajendra Singh Rathore Mr. Basant Kumar Meena

For Respondent(s) :

HON'BLE MR. JUSTICE ARUN MONGA HON'BLE MR. JUSTICE SUNIL BENIWAL

Order(Oral)

24/03/2026 Per : Arun Monga, J

1. Appellant seeks condonation of delay of 143 days in filing the accompanied appeal. For the reasons stated hereinafter, this is not a fit case where discretion to condone the delay ought to be

exercised.

2. Appeal is directed against judgment and decree dated 20.04.2024 passed by learned Judge, Family Court No.2, Udaipur in Family Original Case No.15/2022, vide which the learned Family court has allowed the divorce petition of respondent-wife filed

under Section 13A of Hindu Marriage Act.

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[2026:RJ-JD:13770-DB] (2 of 5) [CMA-3363/2024] 2.1 It appears that the learned Family Court, while granting the divorce decree between the parties, did not provide any alternative relief under Section 13A of the Hindu Marriage Act. Therefore, the reference to Section 13A appears to be a

typographical error and should be read as Section 13.

3. The explanation for seeking condonation is totally mechanical and there seems to be no application of mind. No specific details or day to day explanation have been given as to why the delay

took place.

4. For ready reference paras No.1 to 3 of the application are as

below:

“1- That the appellant has filed the instant Civil Miscellaneous Appeal against the judgment and decree dated. 20.04.2024 passed by Learned Family Court Number 2, Udaipur (Rajasthan) vide which learned Family court allowed the application of the applicant filed under section 13 of the Hindu Marriage act and passed the judgment

and Decree.

2- That the Appellant is lay man and is not aware of the law of Limitation, he was not aware that the time is prescribed for filing of

appeal before the Hon'ble Court.

3- That the Appellant approached the advocate and requested to challenge the said Judgment and Decree, who informed him about the delay caused in filing of appeal and told appellant that there is prescribed limit for filing the appeal, but appellant requested to file the appeal and request the Hon'ble Court to condone the delay in filing the appeal. Thus, the delay caused in filing the Civil Miscellaneous Appeal is bona-fide, unintentional and is due to

unavoidable circumstances thus, deserves to be condoned.”

5. Learned counsel for the applicant argues that the delay in filing the accompanied appeal is bona fide and unintentional for

the reasons stated in the application.

6. Having gone through the contents of the application seeking condonation of delay in filing the appeal, we are unable to proceed ourselves with the grounds taken therein. Not only there is no plausible reasoning and/or explanation given qua day to day delay cause which beyond the control of the applicant to file the appeal

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[2026:RJ-JD:13770-DB] (3 of 5) [CMA-3363/2024] but even otherwise a complete moonshine defense has been taken that appellant is a layman and he is not aware of the law of the

limitation.

7. We have seen the affidavit deposed by him wherein his signature in English and therefore, it does appear that he has the basic education and also the awareness of what respondent intended to achieve by filing a petition under Section 13 of the Hindu Marr