Smt. Parul @ Pranita vs Sanjeev Khugshal

Prafulla C. Pant, J.—This is delay condonation application No. 139 of 2011, in filing the appeal against the judgment and order dated 27.01.2009, passed by Principal Judge, Family Court, Dehradun, in suit No. 382 of 2008, whereby decree of judicial separation was passed, on the petition of the Respondent if refusing the decree of divorce.

Heard.

There is a delay of 678 days in filing the appeal.

Learned Counsel for the Appellant submitted that the decree challenged before this Court is a fraudulent decree, and the Appellant had no knowledge of the same. To contradict said fact on behalf of the Respondent, attention of this Court has been drawn to copy of order dated 27.01.2009, passed by Principal Judge, Family Court, Dehradun, in Miscellaneous Case No. 189 of 2008, on the very day when the impugned order was passed. Said order, after discussion the contention of the parties, shows that the application u/s 24 of Hindu Marriage Act, was allowed, and the Respondent Sanjeev Khugshal was directed to pay Rs. 2,500/- per month as maintenance to his wife Smt. Parul, and it was also directed that the Respondent shall pay school fee of the daughter of the couple, and he shall have visiting rights. After going through both the orders passed by the trial court including the one challenged before this Court, this Court finds that explanation for long delay cannot be said to be sufficiently explained by the Appellant.

Therefore, the delay condonation application is rejected. The appeal stands dismissed as barred by time.