Case Note & Summary
The petitioner, Sou. Shantibai w/o Vithal Jadhav, filed a Hindu Marriage Petition No.131 of 2000 in the Court of Joint Civil Judge, Senior Division, Satara seeking divorce from her husband, Vitthal Ramchandra Jadhav, the respondent. The trial court decreed the petition on 20th September, 2004, dissolving the marriage and ordering the respondent to pay permanent alimony of Rs.2,500 per month from the date of the petition. The petitioner subsequently filed Darkhast No.52 of 2005 to execute the maintenance decree. The respondent, aggrieved by the decree, filed an appeal in the District Court at Satara, which was beyond the limitation period. He therefore filed Delay Application No.12 of 2006 seeking condonation of delay, and also filed an application at Exh.5 praying for stay of the judgment and decree. The present civil writ petition was filed by the petitioner-wife challenging the delay proceedings. The High Court noted that the respondent was present on 5th April, 2011 but his advocate was absent, and the matter was adjourned multiple times to give him an opportunity to arrange representation. On 4th May, 2011, the respondent was absent despite being called out twice, and on the final hearing date, he remained absent again. The court concluded that the respondent was not interested in opposing the petition. The court allowed the petition, setting aside the delay application and stay application, and directed the execution of the maintenance decree to proceed.
Headnote
A) Family Law - Permanent Alimony - Execution of Decree - Section 25, Hindu Marriage Act, 1955 - The petitioner-wife sought execution of a decree for permanent alimony of Rs.2,500 per month granted by the trial court. The respondent-husband filed a delayed appeal and a stay application but remained absent during hearings. The High Court held that the respondent was not interested in opposing the petition and directed the execution to proceed. (Paras 1-4) B) Civil Procedure - Condonation of Delay - Delay Application - The respondent filed a delay application (No.12 of 2006) to condone the delay in filing the appeal against the decree dated 20th September, 2004. The court noted the respondent's absence and lack of interest, and did not grant any stay or condonation. (Paras 2-3)
Issue of Consideration
Whether the delay in filing the appeal against the divorce decree and maintenance order should be condoned, and whether the execution of the maintenance decree should proceed.
Final Decision
The petition is allowed. The delay application and stay application filed by the respondent are set aside. The execution of the maintenance decree shall proceed.
Law Points
- Condonation of delay
- Permanent alimony
- Execution of decree
- Hindu Marriage Act
- 1955
- Section 25
