GM Vs. PKM

JUDGEMENT

(1.) Exemption allowed, subject to all just exceptions.

(2.) The application stands disposed of.

(3.) The appellant/husband is aggrieved by the order dated 15.07.2016 passed by the Family Court on an application filed by the respondent/wife under Section 24 of the Hindu Marriage Act (hereinafter referred to as ,,HMA) seeking maintenance for herself and two minor school going children. The appeal is accompanied with an application seeking condonation of 916 days delay in filing the present appeal. The condonation of delay is sought on the ground that after passing of the impugned order, the appellant/husband had decided to challenge the same and asked his counsel appearing before the Family Court to proceed with filing the appeal. However, the counsel kept on providing false updates and only after two long years, the appellant/husband learnt that no appeal had been filed. Thereafter, the appellant/husband changed the counsel appearing before Family Court and appointed a new counsel and also started searching for a counsel in the High Court. Thereafter, he engaged the present counsel who in turn asked for the certified copies of the entire case. The certified copy of the entire case was applied by the current counsel before the Family Court in the middle of November, 2018 and procured the same in January, 2019. Thereafter, some time was taken in studying the file and drafting the present appeal and thus delay of 914 days is sought to be condoned. Counsel submits that the delay caused in filing the appeal was for bonafide reasons and not deliberate or intentional.