Smt. Nidra Patel v. Lavekumar Patel

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR FAM No. 174 of 2019 • Smt. Nidra Patel W/o Lavekumar Patel Aged About 26 Years Caste Aghariya Village Tangapas, Police Station And Tahsil Basna District Mahasamund Chhattisgarh, At Present R/o Ma Banjari Women Helth Worker Training Center, Sunder Nagar, Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Appellant

Versus

• Lavekumar Patel S/o Sewaklal Patel Caste Aghariya , Village Madhopali, Post Lamber Police Station Saraipali, Tahsil Basna District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh --- Respondent For Appellant :

Mr. Sanjay Agrawal, Advocate.

DB : Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Rajani Dubey Order On Board 24/06/2019

1. Heard on (I. A. No. 1/2019), application for condonation of delay in filing this appeal.

2. This appeal is filed by appellant/wife against impugned judgment and decree passed in favour of respondent-husband for restitution of conjugal rights. The appeal is barred by 997 days. The only reason assigned in the application is that appellant-wife is villager and, therefore, the Impugned judgment could not come to her knowledge and as soon as it came to her knowledge, she represented through counsel and filed this appeal.

3. The appeal is admittedly barred by delay of 997 days. The decree is only for restitution of conjugal rights. Therefore, we find no reason to condone the delay.

4. The application for condonation of delay in filing appeal is therefore rejected and the appeal is dismissed as barred by limitation. Sd/- Sd/- (Manindra Mohan Shrivastava) (Rajani Dubey) Judge Judge Ravi