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AFR

HIGH COURT OF CHHATTISGARH, BILASPUR

FA(MAT) No.94 of 2020

Order Reserved on : 08.02.2022

Order Delivered on : 24.02.2022

• Sharda Prasad Jaiswal, S/o Shri Chotelal Jaiswal, presently aged

about 59 Years, R/o Pandit Ravishankar Shukla Nagar, Korba, Tehsil

and District Korba, Chhattisgarh

---- Appellant

Versus

• Smt. Usha Jaiswal, D/o Shri Kunj Bihari, W/o Shri Sharda Prasad

Jaiswal, presently Aged About 57 Years, R/o Daupara (Monika Hotel),

Mungeli, Tehsil Mungeli, District Bilaspur (Presently District Mungeli),

Chhattisgarh

---- Respondent

For Appellant

Mr. Achyut Tiwari, Advocate

For Respondent

Mr. Sunil Sahu, Advocate

Hon'ble Justice Shri Goutam Bhaduri

Hon'ble Justice Smt. Rajani Dubey

C A V Order

Per Rajani Dubey J.

1.

Heard on IA No.1/2020, application for condonation of delay in filing

the appeal.

2.

The appellant has preferred the present appeal under Section 19 of

the Family Courts Act, 1984 against the judgment and decree dated

20.10.2015 (Annexure-A/1) passed by the learned Family Court,

Korba in Civil Suit No.62-A/2008, whereby the learned Family Court

has rejected the suit for divorce filed by the appellant husband.

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3.

The appellant has filed this application (IA No.1) for condonation of

delay caused in filing the instant appeal on the ground that he filed a

suit for divorce against his wife, which was dismissed by the learned

Family Court vide judgment and decree dated 20.10.2015, but since

his local counsel did not inform him about the said judgment and

decree and thereafter also when he approached the counsel at

Bilaspur for filing of an appeal, but unfortunately he died, therefore,

the appeal could not be filed within limitation.

4.

Learned counsel for the appellant submits that the impugned

judgment and decree was passed on 20.10.2015 vide Annexure-A/1,

but the same was not informed to the appellant by his local counsel

and when the appellant contacted the Court personnels in the month

of October, 2017, then only he got to know that the judgment and

decree has already been passed on 20.10.2015. Thereafter, the

appellant applied for certified copy of the judgment and decree on

28.10.2017, which he got on 25.11.2017 and immediately thereafter

he provided the entire file to local counsel and then he came to

Bilaspur along with his local counsel and met with counsel at

Bilaspur, who assured him of filing appeal within time, but

unfortunately after sometime the said counsel died. When the

appellant tried to know about his appeal, then he got to know that the

appeal has not been filed before the High Court, thus the delay

caused in filing the instant appeal is due to lack of knowledge of the

appellant being a senior citizen as of now, non information by his

local counsel at Korba and non filing of the appeal by his counsel at

Bilaspur on account of his sudden demise, as such the delay on his

part is bonafide, therefore, the application may kindly be allowed in

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the interest of justice and the delay of 1514 days in filing the appeal

may kindly be condoned. Learned counsel has placed reliance on

the judgment rendered by the Hon'ble Supreme Court in the matter

of B. Madhuri Goud vs B. Damodar Reddy¹.

5.

Learned counsel for the respondent vehemently opposes the

argument advanced by learned counsel for the appellant and submits

that after separation of both the parties, various cases regarding

maintenance, return of streedhan, dissolution of marriage etc. have

been filed against each other, therefore, in no circumstances, it can

be said that the appellant had no knowledge about non filing of

appeal within limitation, thus the same is not bonafide. He further

submits that the suit preferred by the appellant husband for divorce

under Section 13 of the Hindu Marriage Act, 1955 was dismissed by

the learned Family Court, Korba on 24.01.2012 in Civil Suit No.62-

A/2008, against which he filed appeal before this High Court bearing

FA(M) No.99