Extracted from the PDF above. The PDF is authoritative.
Nirmala Devi vs. Pawan Kumar
CMP(M) No. 1988 of 2025
05.03.2026 Present: Mr.Devender K. Sharma, Advocate, for the
applicant.
Mr. Sunil Kumar, Advocate, vice Mr. Narender Kumar Reddy, Advocate, for the respondent.
CMP(M) No. 1988 of 2025
This application has been filed for condonation of 15 days’ delay in filing the appeal. The main cause for delay as stated in the application is confused with respect to limitation period for filing the appeal as the statutory period of limitation in Hindu Marriage Act is 90 days, whereas in Family Court’s Act, the limitation period is only 30 days. By that time, the applicant got the legal advice, the time to file the appeal had already lapsed, but the appeal has preferred before expiry of 90 days.
Learned counsel appearing for the respondent has opposed the application that no sufficient ground is made out by the applicant for condoning the delay.
We are of the considered opinion that the reasons stated in the application appears to be genuine and sufficient cause has been shown for preventing the applicant from filing the appeal within time. Accordingly, the application is allowed and delay of 15 days’ in filing the appeal is condoned. Application stands disposed of.
FAO (FC) No. of 2026(FAOST No.58121/2025)
Be registered.
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Notice. Mr. Sunil Kumar, vice counsel, under instructions of original counsel, appears and waives service of notice on behalf of the respondent and seeks time to complete instructions. Be obtained by next date.
Records be requisitioned.
List on 12.05.2026.
CMP No. of 2026(CMPST No.58123/2025)
Be registered.
Notice in the aforesaid terms. Reply, as prayed, be filed within four weeks. Rejoinder be filed within four weeks thereafter.
In the meanwhile, the operation and execution of impugned judgment and decree dated 23.09.2025 passed by learned Principal Judge, Family Court, Mandi, District Mandi, H.P. in HMA Reg. No. 384 of 2022, shall remain stayed till next date of hearing.
List for consideration along with main appeal on next date.
(Vivek Singh Thakur)
Judge
(Ranjan Sharma) 5th March, 2026.
Judge (GR)