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1923 DAILYLAW 1 (HP)

SHAKUNTLA DEVI v. NARESH KUMAR

CMP.M/1923/2025 · 2026-07-01

Ranjan Sharma, Vivek Singh Thakur

body1923

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Shakuntla Devi Vs. Naresh Kumar CMP (M) No. 1923 of 2025 01.07.2026 Present: Mr. L. S. Mehta, Advocate, for the applicant- appellant. Sole respondent proceeded ex parte vide order dated 06.01.2026. CMP (M) No. 1923 of 2025 This application has been filed for condonation of delay of 147 days in filing the appeal against the judgment dated 23.05.2025, passed by the Additional Principal Judge, Family Court, Kinnaur at Rampur Bushahr, H.P., in CIS Case Registration No. 143/2023, titled Naresh Kumar Vs. Shakuntla Devi, on the ground that the applicant was contesting the petition filed by the respondent by engaging a counsel and was being regularly represented through the said counsel. However, on 21.05.2025, learned counsel representing the applicant did not appear and on that day, the applicant was proceeded against ex parte and the evidence of the respondent-petitioner was recorded. The case was adjourned to the next day, i.e. 22.05.2025, for arguments and thereafter, on 23.05.2025, the petition preferred by the petitioner was allowed by passing judgment and decree for dissolution of marriage. In present application, notice was issued to the respondent, but he has not chosen to be represented and hence, was proceeded against ex parte on 06.01.2026. Thereafter, matter was listed on 16.03.2026, 30.03.2026, 28.04.2026, 06.05.2026 and 03.06.2026, but no one put in appearance on behalf of the respondent. Today also the respondent is unrepresented. It is further case of the applicant-appellant that the applicant inquired about the fate of her case from her counsel who informed her that he had noted the date of case in his Diary. However, through some other person, the applicant came to know about the passing of the decree of dissolution of marriage in the petition, after proceeding against ex parte. According to the applicant, neither the respondent-petitioner nor her counsel informed her about the passing of the decree of dissolution of marriage between the parties. In the aforesaid circumstances, the applicant approached counsel in the High Court on 3rd September, 2025 and, after completing the requisite documents, again visited Shimla in October, 2025. Thereafter, the appeal along with the present application was drafted and filed in this Court on 17th October, 2025. In the absence of any rebuttal, the plea taken by the applicant constitutes sufficient cause for the delay in filing the appeal. Accordingly, the delay in filing the appeal is condoned. Application is allowed and disposed of. FAO(FC) No.__of 2025 (FAO(FC)ST/54959/2025) Be registered. Issue notice to the respondent, returnable on next date, on taking steps within three days. List for consideration on 21.08.2026. CMP No.___of 2026 (CMPST/54974/25) Be registered. Notice in the aforesaid terms. In the meantime, parties are directed to maintain status quo qua their marital status till further orders. List for consideration along with the main appeal on the next date. (Vivek Singh Thakur) Judge (Ranjan Sharma) Judge 01st July, 2026 (Shamsh Tabrez)