JYOTI MALHOTRA Vs. KEWAL KISHORE MALHOTRA

JUDGEMENT

(1.) By this application the applicant, Jyoti Malhotra is seeking condonation of delay in filing the appeal wherein she has challenged the decree of divorce granted in favour of her husband, Kewal Kishore Malhotra, respondent herein, under the provisions of the Special Marriage Act.

(2.) The judgment dissolving the marriage of the parties was announced on 24th March 1981. The applicant who was a respondent in the trial Court applied for a certified copy of the judgment by application which was registered at Serial No. 11960 dated 25th March, 1981. The certified copy of the judgment was ready on 14th April, 1981, but its delivery was taken on 21st April, 1981. These facts are borne out from the original application which has been summoned in this Court.

(3.) It is the case of the applicant that on 20th April, 1980, she had contacted her counsel for preparation of the appeal. She was informed that she had not been supplied with a copy of the decree by the Copying Agency, and therefore appeal could not be filed in the absence of that certified copy of the decree. Thereupon, it is averred that she made a second application on 23rd April, 1981 seeking certified copy of the decree. The fact that the second application was made and the copy was delivered on 18th May, 1,981 as averred is also borne out from the original application bearing No. 788 which was summoned for verification.