LAWS(JHAR)-2011-4-152

VIPUL DIBYA AND Vs. RAJESH SHARMA

Decided On April 29, 2011
Vipul Dibya And Appellant
V/S
RAJESH SHARMA Respondents

JUDGEMENT

(1.) HEARD learned Counsel for the parties on the petition filed under Limitation Act for condonation of delay of 1281 days.

(2.) IT is not in dispute that the Appellant No. 1 herself was the applicant in the petition filed before the Family Court, Dhanbad and she obtained a favourable order from the Family Court on 21.09.2006. The Appellants preferred this appeal before this Court on 03.05.2010 and Appellants' grounds for condoning the delay, as stated by the learned Counsel for the Appellants, is that the Appellant No. 1 since was not knowing full facts with respect to the income of her husband, therefore, after passing of the order by the Family Court, she tried to collect the relevant information from the department and also by invoking the provisions under the Right to Information Act and thereafter Appellants preferred this appeal. According to the learned Counsel for the Appellants, the husband also has challenged the impugned order passed by the Family Court granting maintenance to the Appellant and that the appeal is admitted by this Court and is pending herein.

(3.) IN view of the above reasons, we do not find any merit in the application (I.A. No. 1856 of 2010) filed under the Limitation Act for condonation of delay. Hence, the application (I.A. No. 1856 of 2010) for condonation of delay in filing this appeal is dismissed and consequently, the appeal is also dismissed.