RANCHI, India, April 18 -- Jharkhand High Court issued the following order on March 17:
1. The instant interlocutory application has been filed under Section 5 of the Limitation Act for condoning the delay of 20 days.
2. The reasons for causing the delay as available in Para 3 of the interlocutory application is that the time of 20 days has been consumed in getting the certified copy and arranging other relevant documents.
3. Mr. Ashok Kr. Jha, learned counsel representing the respondent has however raised oral objection to the interlocutory application.
4. This Court after hearing learned counsel for the parties, is of the view that the appeal needs to be decided on merit.
5. The explanation for causing the delay of 20 days, furnished in Para 3 of the interlocutory application, is sufficient to condone the aforesaid period of delay.
6. Accordingly, the delay of 20 days is hereby condoned.
7. The interlocutory application being I.A. No. 13105 of 2025 is allowed and hence disposed of. F.A. No. 179 of 2025:
8. Learned counsel for the appellant-husband has submitted that an application was filed for restitution of conjugal rights under Section 32 of the Divorce Act, 1869 by the respondent wife and the same has been decreed in her favour against which the instant appeal has been preferred.
9. It has been submitted that in the meanwhile a suit for dissolution of marriage has been filed by the appellant. However, the suit has been decreed against him, and the same is under challenge by filing a separate appeal being F.A. No. 184 of 2025.
10. Learned counsel for the appellant therefore has submitted that he is not pressing the instant appeal, however, he has sought for liberty to pursue the first appeal being F.A. No. 184 of 2025 which is lying pending for its consideration before this Court.
11. There is no opposition by the learned counsel for the respondent- wife.
12. Accordingly, the instant appeal is dismissed as not pressed with reserving the liberty as referred above.
Disclaimer: Curated by HT Syndication.
