- Court
- High Court of Punjab and Haryana
- Decided
- 23 September 2024
- Bench
- Sumeet Goel
- Case no.
- CRR(F) 1541/2023
Judgment
SUMEET GOEL, J. (Oral) CRM-45335-2023
1. The present application has been filed on behalf of the applicant-wife seeking condonation of delay of 505 days in filing the accompanying revision petition. The main revision petition has been filed impugning the judgment dated 11.10.2021 passed by learned Principal Judge, Family Court, Kurukshetra, whereby the respondent-husband (herein) was directed to pay Rs.4,000/- per month to the petitioner-wife as maintenance allowance from the date of filing of the said petition before the Family Court alongwith litigation expenses of Rs.5500/-.
2. Learned counsel appearing for the applicant-petitioner, while seeking grant of prayer for condonation of delay of 505 days, has argued that the delay has occurred as the applicant-petitioner-wife is an uneducated lady and was unaware of her legal remedies and rights. According to learned counsel, it was only upon filing of the petition by the respondent-husband before this Hon'ble Court that the applicant-wife became aware of the fact
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that she too had to approach this Court for seeking enhancement of the maintenance allowance awarded by the Family Court. Furthermore, due to constrained financial resources, the applicant-wife was unable to secure services of a counsel to pursue her legal recourse. Learned counsel for the applicant-petitioner has further argued that the circumstances of the case indicate that the delay in filing the revision petition is neither intentional nor deliberate & hence delay deserves to be condoned.
3. Learned counsel for the respondent submits that delay is enormous; no explanation has been furnished for condonation of such delay & the delayed filing of the main petition is aimed at somehow causing mental harassment to the respondent.
4. I have heard learned counsel for the parties and have perused the paper-book.
5. It would be apposite to refer herein to a judgment of this Court passed in CRR(F)-1844-2023 titled as Deepak vs. Noori and another, decided on 29.02.2024; relevant whereof reads as under:- "8. As a sequel to above-said discussion, the following principles of law emerge: I.k A liberal approach, undoubtedly, ought to be accorded to a plea for condonation of delay made under Section 5 of The Limitation Act, 1963 so as to further the cause of substantial justice. The concept of substantial justice essentially includes in itself the desirability of adjudication of a claim of the litigant on merits thereof rather than rejection of the same, at the threshold, on account of being barred by limitation. However, adoption of such liberal approach cannot be stretched to mean that a prayer (for condonation of delay) ought to be granted sans reasonable explanation therefor. An applicant (seeking condonation of delay) has to bring forward cogent, credible and lucid reason(s) to substantiate such a plea. In case such reason(s) is not scrutable, a Court would well be within its discretion to decline such plea (for condonation of delay). In other 2024.09.24 09:48 words, inexplicable delay ought not to be condoned.
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II.kA Court ought to grant an application seeking condonation of delay when no negligence, inaction or want of bona fide is imputable to such applicant and/or such delay has occurred on account of circumstances beyond reasonable control of such applicant. III.kIt is not the length of delay (sought to be condoned) but explanation thereof which is relevant for consideration by a Court. IV.kLaw of limitation does not require an applicant (seeking condonation of delay) to furnish an exhaustive explanation on 'day to-day basis' for such delay. A Court while dealing with a plea for condonation of delay need not undertake such a pedantic approach. V.kIn appropriate cases, a Court may consider imposing costs while granting an application for condonation of delay. However, the quantification of costs so imposed, must reflect the same being commensurate to the lis in issue as also attending circumstances therein. VI.k The factum; of non-applicant(s) or even strangers having altered their position(s) relying upon the applicant not having filed an appeal/revision etc. within stipulated time and resultant effects thereof; will indubitably be a pertinent factor for consideration of a plea for condonation of delay. VII.kA plea for condonation of delay by the State as also its instrumentalities has to be accorded a more liberal approach since the machinery involved in their working is impersonal in nature & hidden factors working therein cannot be given a complete amiss. VIII.kThe discretion of a Court, while considering a plea for condonation of delay, will be exercised in view of peculiar facts/circumstances of an individual case. It is neither prudent nor feasible to fix any exhaustive guidelines for exercising such judicial discretion. On the contrary, it would be perilous to lay down such general criteria for governing such discretion. Needless to emphasize that exercise of such judicial discretion/power ought to be within the four corners of well settled principles of justice, good conscience and fair play."
6. More recently the Hon'ble Supreme Court in case titled as Pathapati Subba Reddy (Died) by L.Rs & Ors. vs. The Special Deputy Collector (LA), Neutral Citation:2024 INSC 286, has observed as under: "26. On a harmonious consideration of the provisions of the law, as aforesaid, and the law laid down by this Court, it is evident that: xxx xxx xxx xxx
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vii) Merits of the case are not required to be considered in condoning the delay; and Delay condonation application has to be decided on the (viii) parameters laid down for condoning the delay and condoning the delay for the reason that the conditions have been imposed, tantamounts to disregarding the statutory provision."
7. Condonation of delay of 505 days in filing the accompanying revision petition is sought for on the following relevant averments: "3. That pursuant to the passing of impugned judgment, the respondent-husband approached this Hon'ble Court by way of filing CRM-M-25109 of 2023 before this Hon'ble Court for quashing of the order/judgment dated
11.10.2021 passed by Ld. Family Court, Kurukshetra. It is pertinent to mention here that the petitioner-wife is an uneducated woman and when she came to know about filing of the petition by respondent-husband then she came to know that she can also approach the Hon'ble High Court for filing the present petition for enhancement of the maintenance granted by the Ld. Family Court, Kurukshetra, due to this reason the delay of 505 days occurred in filing the present petition.
4. That the delay of 505 days has occurred due to the abovesaid reasons, which is bonafide not intentional.
5. That if the above said delay in filing the present appeal is not condoned, in that eventuality the applicant/ appellant would suffer an irreparable loss which could not be compensated in any manner."
7. A perusal of the above-said averments clearly show that no reasonable or plausible explanation has been furnished by the applicant-wife (herein) to condone the delay of 505 days in filing the accompanying revision petition. The instant application is bereft of any specific details/particulars which may reflect bona fide on part of the applicant-wife in pursuing her case diligently. The applicant-wife has failed to provide any concrete explanation or document to demonstrate her genuine efforts in pursuing the matter within the prescribed time limit. No cause much less sufficient cause, as required in law, has been shown to justify or condone the
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significant delay of 505 days in filing the accompanying revision petition. The delay is both inordinate and inexplicable. Merely attributing the delay to financial difficulties, without any supporting details or evidence to substantiate these claims, does not meet the legal threshold for condonation. The applicant-wife has neither shown continuous interest in the case nor presented any exceptional or unavoidable circumstances that could explain such an extensive delay.
7.1 The explanation for the delay contained in the application seeking condonation of delay is wholly unsatisfactory and can hardly be said to be a reasonable, satisfactory or even a proper explanation for seeking condonation of delay. In the facts and circumstances of the case as narrated hereinabove, the application seeking condonation of delay of 505 days in filing the accompanying revision petition merits dismissal. Decision
8. The application (CRM-45335-2023) seeking condonation of delay of 505 days in filing the accompanying revision petition is dismissed. Since the application seeking condonation of delay has been dismissed, the main revision petition stands dismissed as well accordingly.
9. Pending application(s), if any, shall also stand disposed off.
(SUMEET GOEL) JUDGE
September 23, 2024 Ajay
Case details
Parties and counsel
CRR(F)-1541-2023 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 112-2 CRM-45335-2023 in/& CRR(F)-1541-2023 (O&M) Date of decision: 23.09.2024 Anju ....Applicant/Petitioner V/s Narender Singh ....Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Digvijay Dalal, Advocate for the applicant-petitioner. Ms. Rajvinder Kaur Sohal, Advocate for the respondent. *****
Source: High Court of Punjab and Haryana, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.