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Madras High CourtCMP/8319/2026delay condoned

M.Saroja v. M.Gopalakrishnan Alias M.Mariappan

2026-04-24Honourable Mr Justice C.V. Karthikeyan,Honourable Mr.Justice K.Rajasekar2 pages

C.M.P.No.8319 of 2026 in C.M.A (SR) No.27324 of 2026 C.M.P.No.8319 of 2026 in C.M.A (SR) No.27324 of 2026 C.V.KARTHIKEYAN, J., AND K.RAJASEKAR.J., (Order of the Cout was made by C.V.KARTHIKEYAN, J.,) This petition had been filed seeking to condone the delay of 43 days in filing the appeal against the judgment and decree dated 29.08.2025 passed in O.P.No.4526 of 2011 by the IV Additional Family Court, Chennai.

2. The wife is the appellant herein.

3. Notice had been directed in the petition and notice had been served. Counsel entered appearance for the respondent and name of the counsel is printed in the cause list. However, no appearance for the respondent.

4. We had examined the reasons stated for the delay.

5. It is contended that the petitioner herein is suffering from acute sugar problem leading to total vision loss and becoming blind. Her son also has the same problem as that of her husband and his IQ is only 60% and he studied only upto 8 th standard and the respondent is not making payment of the maintenance amount. It had been stated that owing to her incapacity, she could not give necessary instructions to the counsel to file the appeal.

6. The reasons are probable and acceptable. This petition is allowed and the delay in filing the appeal is condoned.

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C.M.P.No.8319 of 2026 in C.M.A (SR) No.27324 of 2026 C.V.KARTHIKEYAN, J., AND K.RAJASEKAR.J., Registry is directed to number the appeal, if it is otherwise in order. When the appeal is listed, name of the learned counsel for the respondent may be printed in the cause list.

[C.V.K.,J.] [K.R.S.,J.] 24.04.2026 gpa C.M.P.No.8319 of 2026 in C.M.A (SR) No.

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