RAJESH Vs. KUSUM

JUDGEMENT

(1.) The present appeal is filed under Section 19(1) of the Family Courts Act, 1984, assailing the judgment and decree passed in M.C.No.118/2012, dated 08.02.2016, passed by the Principal Judge, Family Court, Dakshina Kannada, Mangaluru, so far as directing the appellant-husband to pay permanent alimony of Rs.5,00,000/- (Rupees Five Lakh only) to the respondent-wife is concerned.

(2.) There is a delay of 195 days in filing the appeal. The appellant has filed an affidavit in support of the application by deposing the facts and reasons for the delay. That the impugned judgment is dated 08.02.2016 and on the next day the certified copy of the judgment was applied and the said certified copy was furnished on 24.02.2016. Even though there is a period of 30 days delay in filing the appeal but due to not being aware of the legal intricacies, he could not pursue the matter immediately. Under these circumstances, there is a delay of 195 days in filing the appeal. Except this, the appellant has not furnished any cogent and convincing reason for the condonation of delay. From the records available it is borne out that the appellant is a business man. Therefore, it cannot be presumed that the appellant is a rustic man without the knowledge of legal intricacies. Therefore, there is no convincing reason stated for condonation of delay in filing the appeal. Hence, in our view, the delay in this case cannot be condoned.

(3.) Hence, this appeal is dismissed on the ground of delay and laches as there is no cogent, valid and convincing explanation found and hence, the long delay of 195 days, cannot be condoned in the present case. Therefore, the appeal is liable to be dismissed on the ground of delay.