LAWS(MPH)-2013-8-325

SEEMA ALIAS MAMTA Vs. GURUDATT SHUKLA

Decided On August 07, 2013
Seema Alias Mamta Appellant
V/S
Gurudatt Shukla Respondents

JUDGEMENT

(1.) Heard on IA 5287/2011 an application for condonation of the delay in filing the appeal. There is a delay of 603 days in filing the appeal. The impugned judgment of the trial court was pronounced on 29/1/2010. In accordance with the noting in the certified copy, the appellant submitted an application for certified copy on 19/12/2011 and she received the certified copy on the same day. Thereafter, the appeal was filed on 23/12/2011.

(2.) In the application for condonation of delay, it is mentioned that the appellant was not aware of the decree of judicial separation passed by the learned court below and the respondent has misled her. It is further submitted that the respondent had given wrong assurance to the appellant that he would permit her to live with him. Thereafter, when the appellant received information, she filed the appeal. However, the appellant has not mentioned the date when she received information from her Advocate in regard to impugned judgment.

(3.) In reply to the application for condonation of delay, it is submitted that there is inordinate delay in filing the appeal and there is no reason mentioned for the delay. The appellant is an educated lady.