Tsering vs. Chander Kanta CMP(M) No. 752 of 2025 02.09.2025 Present: Mr. Maan Singh, Advocate for the applicant/appellant. Mr. Paras Dhaulta, Advocate, for the respondent. CMP(M) No. 752 of 2025 This application has been filed for condonation of 82 days’ delay in filing the appeal against judgment dated 4.1.2025 passed by the Principal Judge (Family Court), Kullu, District Kullu in HMP No. 28 of 2019. Though, no reply has been filed to this application, however learned counsel for respondent has taken objection with respect to maintainability of appeal on the ground that applicant/appellant is not a Hindu and in case, he is Hindu, even then being Scheduled Tribe, provisions of Hindu Marriage Act are not applicable so as to entitle him to file and maintain the present appeal under Hindu Marriage Act. In response to aforesaid contention, appellant has filed an affidavit, along with photograph, stating therein that applicant being Bodh is a Hindu to whom Hindu Marriage Act is applicable and marriage between the parties was solemnized as per Hindu rites and rituals as evident from Annexure -A photograph and Annexure-B copy of joint affidavit of the parties sworn before the Notary at Chandigarh. It has been submitted that no such objection was ever taken by respondent before the Family Court, whereas learned counsel for respondent submits that legal issue can be raised even in appeal for first time. This issue may be contested in appeal but not in this application. Prima facie, petitioner has been able to rebut the plea of respondent at least for the purpose of condonation of delay and for filing the appeal under Section 19(1) of the Family Courts Act. For aforesaid reasons and also for reasons stated in application, which are unrebutted, we are of the considered opinion that it is a fit case for condonation of delay in filing the appeal. Accordingly, delay in filing the appeal is condoned. Application is allowed and disposed of. FAO(FC) No. of 2025 (FAO(FC)ST No.20403/2025) Be registered. Notice. Mr. Paras Dhaulta, Advocate, appears and waives service of notice on behalf of respondent and seeks time to have complete record and instructions. Be obtained by next date. Record be requisitioned. List for consideration on 4th November, 2025. (Vivek Singh Thakur) Judge September 02, 2025 (Sushil Kukreja) (ms) Judge