Nirmala Tarasia vs Chhabi Tarasia

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Sanjay K. Agrawal, J

The appellants have preferred this appeal under Section 19(1) of the Family Courts Act, 1984, calling in question legality, validity and correctness of the impugned judgment & decree dated 9-3-2007 passed by the Principal Judge, Family Court, Raipur in Civil Suit No.389A/2006, by which decree for dissolution of marriage was granted in favour of appellant No.1’s husband Harihar Tarasia, who died on 17-5-2021 i.e. after passing of the impugned judgment & decree.

The appeal is barred by 6801 days.

Application for condonation of delay has been filed stating inter alia that appellant No.1 came to know about filing of divorce petition by the deceased husband in the year 2021 and yet the instant appeal has been filed on 23-1-2026 along with application for condonation of delay, for setting aside the impugned decree for dissolution of marriage. It has been further stated in the application for condonation of delay that due to non-service of notice in the civil suit/application for dissolution of marriage, appellant No.1 could not prefer appeal right in time. However, it is the case of appellant No.1 that she came to know about filing of divorce petition in the year 2021, yet there is no explanation for the inordinate delay in filing the instant appeal on 23-1-2026.

According to the own showing of appellant No.1, she came to know about the impugned divorce proceeding in the year 2021 and filed the instant appeal on 23-1-2026. Even otherwise, husband had already died after granting the decree on 17-5-2021 and the present appeal has been filed against one Chhabi Tarasia, who claims to be the wife of late Harihar Tarasia, with an inordinate delay of 6801 days. As such, no sufficient cause has been shown for the inordinate delay in filing the instant appeal and therefore the application for condonation of delay in filing the appeal is rejected, as no sufficient cause has been shown and consequently the appeal stands dismissed in limine. No order as to cost(s).