Page No.1 of 3 IN FA(MAT)-222-2023 2025:CGHC:59329-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR FA(MAT) No. 222 of 2023 Smt Mamta Singh W/o Shri Manish Kumar Singh D/o Shri Chitranjan Singh Aged About 40 Years R/o Rana Pratap Nagar Near Court Devi, P.S. Bhagwan Bazar, District Chhapra (Saran) Bihar ... Appellant Versus Manish Kumar Singh S/o Shri Namo Nayaran Singh Aged About 38 Years R/o Jarhi Colony, Qr. No. M/275, P.S. Bhatgaon, District Surajpur (C.G.) At Present Police Line Baikunthpur, Tahsil Baikunthpur, District Korea (C.G.) As Shown In The Plaint At Present He Is Police Constable R/o B-78, Jarhi Colony, Police Station Bhatgaon, District Surajpur (C.G.) ... Respondent [Cause-title taken from Case Information System (CIS)] ----------------------------------------------------------------------------------------------- For Appellant : Mr. Manoj Kumar Dubey, Advocate For Respondent : Mr. Vikram Singh Vishwakarma, Advocate ----------------------------------------------------------------------------------------------- Division Bench Hon'ble Shri Justice Sanjay K. Agrawal and Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (05.12.2025) Sanjay K. Agrawal, J (1) Heard on IA No.01/2023, which is an application filed under Section 05 of the Limitation Act, seeking condonation of delay of 2413 days in filing this appeal. SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 3 IN FA(MAT)-222-2023 (2) In the present case, the Family Court, Baikunthpur, District Koriya (CG) has passed an ex-parte decree of divorce in favour of the respondent herein on 23.09.2016, against which, the appellant-wife has preferred this appeal with a delay of 2413 days. In the application for condonation of delay, it has been stated that the family members of the respondent-husband have threatened the appellant-wife that she will face dire consequences if she would enter within the vicinity of Sitapur and Ambikapur districts and she has no independent source of income, as such, she could not file the present appeal within time. However, no reply has been filed by the respondent against the application for condonation of delay. (3) After hearing learned counsel for the parties and going through the material available on record, it is quite clear that the family court passed the decree of divorce on 23.09.2016 and, against which, the present appeal has been filed before this Court on 19.07.2023. Though it is alleged by the appellant-wife that the family members of the respondent-husband have threatened the appellant-wife that she will face dire consequences if she would enter within the vicinity of Sitapur and Ambikapur districts, therefore, she could not file the present appeal within time, but no document has been filed to show that the appellant-wife lodged any report/complaint in local police station at any point of time for the said purpose and, as such, this ground is not made out at all more particularly when the parties Page No.3 of 3 IN FA(MAT)-222-2023 have filed number of litigation against each other before different Courts. Even otherwise, the second ground that the appellant-wife has no source of income is also not substantiated. Therefore, we are of the considered opinion that no sufficient cause has been shown by the appellant for filing this appeal with a delay of 2413 days. As such, IA No.01/2023 is liable to be and is hereby rejected. (4) Consequently, this appeal is also dismissed being barred by limitation. Sd/- sd/- (Sanjay K. Agrawal) (Sanjay Kumar Jaiswal) Judge Judge s@if