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1924 DAILYLAW 1 (HP)

Priyanka v. Anil

CMP.M/1924/2025 · 2026-03-24

Ranjan Sharma, Vivek Singh Thakur

body1924

Judgment text

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Priyanka versus Anil Kumar CMP(M) No.1924 of 2025 24.03.2026 Present: Mr. Dhiraj Thakur, Advocate, for the applicant-appellant. Ms. Narvada Kashyap, Advocate, for the respondent. CMP(M) No.1924 of 2025 This application has been filed for condonation of delay of 45 days in filing the appeal against the decree of dissolution of marriage passed by Principal Judge, Family Court, Bilaspur, District Bilaspur, H.P. It has been submitted by learned counsel for applicant that decree was passed under the provisions of the Hindu Marriage Act, wherein an appeal is permissible to be filed under Section 28 of the Hindu Marriage Act within a period of 90 days. Because of this provision, the applicant remained under the impression that appeal could be preferred within 90 days. However, Section 19 of the Family Courts Act provides that an appeal against a decree passed by the Family Court can be filed within 30 days. The present appeal has been preferred though beyond the period of 30 days, but within the period of 90 days. It has further been submitted that aforesaid delay in filing the appeal is neither intentional nor wilful, but because of conflicting provisions of law. For the reasons assigned for filing appeal beyond the period of limitation i.e. 30 days appears to be sufficient cause, which prevented the applicant from filing the appeal within the limitation period. Accordingly, the application is allowed and delay in filing the appeal is condoned. Application stands disposed of. FAO(FC) No.______ of 2026 [FAO(FC)ST No.58438 of 2025] Be registered. Notice. Ms. Narvada Kashyap, Advocate, accepts notice on behalf of the respondent and seeks time to have complete instructions in the matter. A copy of the appeal stands supplied to learned counsel for the respondent. Records be requisitioned. List for consideration on 20.05.2026. CMP No._____ of 2026 [CMPST No.58439 of 2025] Notice in aforesaid terms. Reply, as prayed, be filed within four weeks. Rejoinder thereto, if any, be filed within two weeks thereafter. In the meanwhile, execution and operation of the judgment and decree dated 14.08.2025, passed by Principal Judge, Family Court Bilaspur, District Bilaspur, in HMA No.27-3 of 2021/2019, Registration No.61 of 2021, titled Anil Kumar versus Priyanka, shall remain stayed till further orders. List for consideration along with main appeal on next date. (Vivek Singh Thakur) Judge (Ranjan Sharma) March 24, 2026 Judge [Shivender]