KAILASH AND ORS. Vs. MALTI BAI

JUDGEMENT

(1.) In the instant Appeal, directed against the judgment and order dtd. 7/8/2018 passed by the Judge, Family Court, Udham Singh Nagar, in Misc. Civil Case No.9 of 2014, Smt. Malti Bai v. Kailash and others, an application for condonation of delay in filing the appeal has been filed by the appellant. There is a delay of 119 days in filing the present appeal. The grounds of delay as taken in the application supported by an affidavit are that after the impugned judgment was passed, the appellants tried to get the matter amicably settled between the parties and when the talks failed, they approached the learned counsel and the case was filed.

(2.) Objection to the Delay Condonation Application has been filed by the respondent stating therein that no efforts were ever made by the appellants for amicable settlement after the impugned judgment was passed and neither the respondent nor her relatives had ever been approached for amicable settlement.

(3.) Learned counsel for the appellants would argue that it is a matter of custody of children, who are staying with their uncle and aunt for the last 10 years and, just 5 years before, an application under Sec. 7 of the Guardians And Wards Act, 1890 (for short the Act ) was presented by the respondent-wife after much delay. In those proceedings, the children have categorically expressed their unwillingness to go with the respondent-wife, but the impugned judgment was passed giving the custody of the children to the respondent. Since the appellants tried to amicably settle the matter, hence, the delay in filing the appeal, which may be condoned.