Case Note & Summary
The present Civil Application was filed by the applicant-wife seeking condonation of 381 days' delay in filing the Family Court Appeal against the judgment and decree of dissolution of marriage dated 24.04.2024 passed by the learned Family Court, Jalgaon, in Petition No. A-69 of 2022. The marriage between the applicant-wife and respondent-husband was solemnized on 12.05.2018 at Jalgaon. Disputes arose between the parties, and on 16.03.2022, the respondent-husband filed Petition No. A-69 of 2022 seeking dissolution of marriage under Section 13(1)(i)(b) of the Hindu Marriage Act, 1955 before the Family Court, Jalgaon. The applicant-wife appeared and contested the proceedings by filing her written statement on 27.06.2022, denying the allegations. However, she subsequently did not participate in the proceedings. Upon appreciation of evidence, the Family Court allowed the petition and dissolved the marriage by granting a decree of divorce. The applicant-wife was unaware of the impugned judgment and decree and came to know about it only during the course of proceedings initiated by her under the Protection of Women from Domestic Violence Act, when the respondent-husband filed his Say/Reply on 14.07.2025, averring that a decree of divorce had been granted. She thereafter applied for a certified copy of the judgment on 16.07.2025, which was received on 18.07.2025. The appeal was filed on 22.07.2025. The learned advocate for the applicant-wife submitted that the delay was unintentional and due to ignorance of the decree. The learned advocate for the respondent-husband opposed the application, arguing that the wife was aware of the proceedings and had appeared initially, and that the delay was inordinate and unexplained. The court considered the submissions and held that the wife's ignorance of the decree constitutes sufficient cause for condonation of delay, especially when no prejudice is caused to the husband. The court also noted that the wife had contested the petition initially and had not abandoned her right to defend. The delay was condoned subject to payment of costs of Rs. 5,000 to the respondent-husband. The court directed that the appeal be registered and heard on merits.
Headnote
A) Limitation Act, 1963 - Section 5 - Condonation of Delay - Sufficient Cause - Ignorance of Ex-Parte Decree - The applicant-wife was unaware of the ex-parte divorce decree and came to know about it only during proceedings under the Protection of Women from Domestic Violence Act, 2005 when the husband filed his reply. She applied for certified copy immediately. The court held that the wife's ignorance of the decree constitutes sufficient cause for condonation of delay, especially when no prejudice is caused to the husband. (Paras 4-6) B) Hindu Marriage Act, 1955 - Section 13(1)(i)(b) - Dissolution of Marriage - Ex-Parte Decree - The Family Court granted divorce on grounds of cruelty and desertion. The wife contested initially but later did not participate. The decree was passed ex-parte. The appeal against such decree was delayed by 381 days. (Paras 3-4) C) Protection of Women from Domestic Violence Act, 2005 - Proceedings - Knowledge of Decree - The wife came to know of the divorce decree only when the husband filed his say in her DV Act proceedings on 14.07.2025. This triggered the application for certified copy and filing of appeal. (Para 4)
Issue of Consideration
Whether the delay of 381 days in filing the Family Court Appeal against the judgment and decree of dissolution of marriage dated 24.04.2024 should be condoned.
Final Decision
The Civil Application is allowed. The delay of 381 days in filing the Family Court Appeal is condoned subject to payment of costs of Rs. 5,000 to the respondent-husband. The appeal be registered and heard on merits.
Law Points
- Condonation of delay
- Sufficient cause
- Liberal approach
- Ignorance of decree
- No prejudice
