YANGCHEN DONKAR BHUTIA Vs. SONAM PINTSO BHUTIA

JUDGEMENT

(1.) This is an application under Sec. 5 of the Limitation Act, 1963, for the purpose of seeking condonation of delay for filing of an appeal under Sec. 19(1) of the Family Courts Act, 1984. The judgment and order of the learned Family Court was passed in respect of Family Court (Crl.) Case No.36 of 2024, in an application under Sec. 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (Mrs. Yangchen Donkar Bhutia vs. Mr. Sonam Pintso Bhutia), on 5/3/2025. The period of delay in filing of the present appeal, as stated in the instant application, is 135 (one hundred and thirty five) days.

(2.) The question that was posed by this Court is whether the period of 135 (one hundred and thirty five) days can be condoned by this Court under Sec. 5 of the Limitation Act, 1963, while taking into account the fact that this matter is in respect of an order passed by the Family Court, exercising its powers under Sec. 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 {which corresponds to Sec. 125 of the Code of Criminal Procedure, 1973 (falling under Chapter IX) being the old law}.

(3.) For the purpose of this matter, we need to consider and read Sec. 19(2) of the Family Courts Act, 1984, carefully:-