Research › Search › Judgment

High Court of Himachal Pradesh · body

2026 DAILYLAW 19872 (HP)

RAVI KUMAR SHUKLA v. DEEPAKSHI SHARMA

CMP.M/725/2026 · 2026-08-17

Ranjan Sharma, Vivek Singh Thakur

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Ravi Kumar Shukla vs. Deepakshi Sharma CMP.M No.725 of 2026 17.08.2026 Present : Mr. Prashant Sharma and Ms. Priya Sharma, Advocates, for the applicant. Mr. Naresh K. Sharma, Advocate, for the respondent. CMP.M No.725 of 2026 This application has been filed for condonation of delay of 12 days in filing the appeal. It is submitted by learned counsel for the applicant that the limitation period under Section 28 of the Hindu Marriage Act, 1955, for assailing the judgment and decree, is 90 days, whereas the limitation period under the Family Courts Act, 1984, is 30 days. It is further submitted that, in view of the limitation provided under Section 28 of the Hindu Marriage Act, 1955, the time for filing the appeal was wrongly calculated and communicated to the applicant. Even then, the appeal was preferred without waiting until the last moment of the limitation period of 90 days, but promptly within 42 days after passing of the impugned judgment and decree. However, in view of the limitation period provided under the Family Courts Act, the appeal has been found to be delayed by 12 days after expiry of the 30-day limitation period. From the above facts, there is sufficient cause which prevented the applicant from filing the appeal within the limitation period. Accordingly, the application is allowed and delay of 12 days in filing the appeal is condoned. FAO(FC) No._______of 2026 [FAO(FC) - 19025 of 2026] Be registered. Notice. Mr. Naresh K. Sharma, Advocate, appears, waives and accepts service of notice on behalf of the respondent and seeks time to file Power of Attorney and to obtain complete instructions in the matter. Time, as prayed for, is granted. Needful be done well before next date. List for consideration on 07.10.2026. Record be requisitioned. (Vivek Singh Thakur) Judge (Ranjan Sharma) Judge 17th August, 2026 (Pardeep)