Condonation of delay 425 days u/s 5 of Limitation Act & setting aside dismissal order after 425 days
Respected all Ld. Advocates,
My wife filed a Mat suit against me under section 10 of the Hindu Marriage Act 1955, Praying for judicial Separation and also prayed for maintenance and expenses of proceedings under section 24 and 26 of the Hindu Marriage Act 1955, in the Court of Ld. District Judge at Kolkata, North 24 PGS, on 05/02/2015 .
The case was under proceedings more than one year. My wife was very irregular and became absent in many court dates. That she was absent without any step from her side on date 23/02/2016 and 08/03/2016 , Ld. Court still pleased to gave her a chance to appear on date 28/07/2016 . she became absent without any step from her side on that date also. Usually for non taking any step and absent frequently on 28/07/2016, Ld. Court has been pleased to file show cause by the petitioner / my wife as why the case should not be dismissed for default to 07/09/2016 .
Finally on date 07/09/2016 due to absent , non taking any step or show cause by the petitioner / my wife the Ld. Court has been pleased to dismiss the said suits for default.
That my said wife was sleeping well and did not turn back to the court more than 425 days (one year two months !) and now on 27/11/2017 she filed an application in the same Ld. District Judge Court showing some false reason that her advocate was not aware of court dates and miscommunication of dates etc. and praying for condonation of delay of 425 days under section 5 of the Limitation Act and restoration of Mat Suit and other suits in its original number and file by setting aside the dismissal order dated 07/09/2016 under order 9 rule 9 read with section 151 of the CPC as amended up to date.
Respected Sir, I shall remain highly grateful to you for your kindness considering the above mentioned facts I am seeking your legal advice and guidance :
1) How many days delay can be condoned under section 5 of Limitation Act and conditions if any.
2) Power of Ld. District Judge for setting aside a dismissal order after so much of delay(425 days) ordered by the same District Court.
3) Can I appeal to Kolkata High Court if my written objection not granted and condonation of delay and restoration of the said suits allowed? If I appeal to High Court, within how many days I should appeal, is there any time limit to go High Court against any direction or order by District Judges Court ?
Asked 4 years ago in Civil Law
My wife left my custody (matrimonial house) in the year 2000 and filed a case against me u/s 498A CrPC, i was arrested and got bail after 24 days of custody. After 12 years of the proceedings I was found Not Guilty and acquitted from bail u/s 498A CrPC. Can I get any advantage on this issue since I was harassed a lot and lost my all social respect, moral everything innocently, she does not stay with me more than 17 years, staying separately these many years, is she eligible to appeal for judicial separation under section 10 of Hindu Marriage Act ? Can I get any advantage if I appeal for a divorce case without compensation? Please help
Asked 4 years ago