JYOTI MALHOTRA Vs. KEWAL KISHORE MALHOTRA

JUDGEMENT

(1.) At the conclusion of the hearing we announced the order We allowed the appeal and set aside the judgment of the learned single judge Now we give our reasons.

(2.) This is a wife's appeal from the order of the learned single judge dated November 19, 1981. The husband sued for divorce in the court of the Additional District Judge. He granted a decree of divorce under the Special Marriage Act on 24.3.1981 to the husband against the wife. The wife brought an appeal in the High Court. Before the learned single judge the husband raised the question of limitation. The wife made an application for condonation of delay in filing the appeal. The learned judge held that the appeal was barred by time and that no ground had been shown to him for condonation of delay. He rejected the application under section 5 of the Limitation Act and dismissed the appeal as time barred.

(3.) The dates are important in this case. The Additional District Judge granted the decree of divorce on 24.3.1981. The wife made an application for a certified copy of the judgment on the very next day, that is, 25.3.1981. The certified copy was ready on 14.4.1981. The wife took the certified copy of the judgment. On 23.4.1981 she made an application for the certified copy of the decree. The certified copy of the decree was ready on 16.5.1981. On 21.5.1981 the wife filed the appeal in the High Court.