Manoj v. Archana

$~26 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAT.APP.(F.C.) 70/2019 MANOJ ..... Appellant Through:

Mr. Aslam Kumar, Advocate versus ARCHANA ..... Respondent Through

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 08.03.2019 CM APPL. 10502/2019 Exemptions allowed, subject to all just exceptions. The application stands disposed of.

CM APPL. 10501 (condonation of delay in filing the appeal) & 10504/2019 (condonation of delay in re-filing the appeal) For the reasons stated in the applications, the same are allowed and the delays of 33 days in filing the appeal and 16 days in re-filing the appeal, are condoned.

The applications stand disposed of.

MAT.APP.(F.C.) 70/2019 & CM APPL. 10503/2019 Challenge in this appeal is to the order dated 20.10.2018 by which the Family Court has imposed cost of Rs. 5,000/- while granting one more opportunity to the appellant to file the replication.

Learned counsel for the appellant submits that the order regarding payment of costs is harsh, the appellant is a student and he has no source of livelihood. He further submits that the Family Court did not impose any cost on the wife on account of delay in filing her written statement. We have heard the counsel for the appellant. Reading of the order would show that the order is conditional in nature. In case the appellant does not wish to file replication, there would be no necessity to pay costs. We find no infirmity in the order passed by the Family court which would require interference by this court.

The appeal is accordingly dismissed.

G.S.SISTANI, J JYOTI SINGH, J MARCH 08, 2019 rd MAT.APP.(F.C.) 70/2019