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High Court of Himachal Pradesh · body

2025 DAILYLAW 33884 (HP)

Rajeev Kumar v. Lata Sharma and another.

CRMPM/767/2025 · 2025-11-18

Gurmeet Singh Sandhawalia, Jiya Lal Bhardwaj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Rajeev Kumar vs. Lata Sharma & Anr. Item No. D-5 Cr.MP(M) No. 767 of 2025 18.11.2025 Present: Mr. Yuyutsu Singh Thakur, Advocate, Legal Aid Counsel, for the petitioner. Mr. Tek Chand, Advocate, for the respondents. As per office report, mediation has failed. An application for condonation of delay has been preferred by the applicant-petitioner for condoning the delay of 237 days in filing the petition against the order dated 24.07.2024, passed by the Additional Principal Judge, Family Court Sarkaghat, District Mandi. It is submitted that the petitioner was proceeded ex- parte on 08.12.2023 due to non-appearance of his advocate and only when non-bailable warrants were issued against the petitioner for non-payment of maintenance, he came to know about the passing of the impugned order and he immediately filed an application with Legal Aid Authority for providing legal aid counsel and took steps to obtain certified copy of the judgment. Petitioner is stated to be a holder of Below Poverty Line Certificate, which reflects his limited means and genuine difficulties he faced in approaching the Court. The application has been opposed by filing reply, wherein it has been mentioned that the petitioner did not take any steps for setting aside the ex-parte order passed by the Family Court and the petitioner intentionally chose to be proceeded ex-parte. The factum of non-bailable warrants has also not been denied but the date as such when the same was received has not been mentioned. Keeping in view the fact that the matter pertains to matrimonial lis and the mediation has failed, we deem it appropriate to condone the delay of 237 days in filing of the petition. Ordered accordingly. Application stands disposed of. Cr. Rev. (FC) No. ______ of 2025 Petition be registered. List on 05.01.2026. (G. S. Sandhawalia) Chief Justice (Jiya Lal Bhardwaj) Judge 18th November, 2025 (sanjeev)