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2025 DAILYLAW 59015 (PNJ)

SUNIL KUMAR SUCHAK v. CHANDER PARBHA SUCHAK

FAO/3197/2025 · 2025-07-03

Anil Kshetarpal, To Be Nominated

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 119 FAO-3197-2025 (O&M) Date of decision: 03.07.2025 SUNIL KUMAR SUCHAK ..Appellant Versus CHANDER PARBHA SUCHAK ..Respondent CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MS. JUSTICE ROHIT KAPOOR Present: Mr. S.K. Choudhary, Advocate (through v.c.) for the appellant. * * * * ANIL KSHETARPAL , J. (Oral) 1. The appellant herein is respondent’s husband. He challenges the correctness of judgment passed by the Principal Judge, Family Court while dismissing his petition under Section 13 of the Hindu Marriage Act, 1955 (in short ‘1955 Act’) for dissolution of marriage by way of a decree of divorce. He has also filed application for condoning the delay of 914 days in filing the appeal. The appellant after dismissal of petition under Section 13 of ‘1955 Act’ on 02.08.2022, filed a petition under Section 9 of the ‘1955 Act’ praying for grant of decree of Restitution of Conjugal Rights. He claims that he was not aware of the remedy of appeal and the limitation period for filing the appeal. It is evident that the appellant was represented by a counsel before the Family Court. Similarly, the appellant was also represented by a counsel in a consequent petition filed under Section 9 of the ‘1955 Act’. 2. Hence, the appellant has failed to furnish any cogent ground for condonation of the colossal delay of 914 days in filing the appeal. MOHD AYUB 2025.07.07 10:39 I attest to the accuracy and authenticity of this order/judgment. FAO-3197-2025 (O&M) -2- 3. Consequently, the appeal of the appellant is dismissed having been filed beyond the period of limitation. 4. All the pending miscellaneous applications, if any, are also disposed of. (ANIL KSHETARPAL) JUDGE (ROHIT KAPOOR) July 03rd, 2025 JUDGE Ayub Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHD AYUB 2025.07.07 10:39 I attest to the accuracy and authenticity of this order/judgment.