Re: Delay of Condonation of Delay in DV

Querist : Anonymous (Querist) 08 November 2015 This query is : Resolved
I got final judgement order from LD. Trail court to pay maintainance under section 20 in PWDVA case on 28th April 2015. I appealed against the same on 27th May 2015 in the Sessions court under section 29. My opponent appeared thrice in the case and on 26th September filed appeal against me in sessions court after inordinate delay of 150 days stating vague reason that she lost the original copy of judgement which she found on 19th September hence this appeal which I objected but sessions court admitted the same . Now, wat options opened to me ?? Can I appeal in High Court for this time barred appeal without any sufficient cause.? If so under which section? It seems clearly that rather then defending her case she mischievously filed this appeal.

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Dr J C Vashista (Expert) 08 November 2015
No reply for anonymous query.

Anirudh (Expert) 08 November 2015
Condonation of delay is permissible at the discretion of the court. In this court, the court has condoned the delay. Appealing against this discretionary order, before the High Court will not fetch you any result. Therefore, put up your version in the Appeal and try to succeed.

Rajendra K Goyal (Expert) 08 November 2015
No reply to query from anonymous.

K.S.Srinivas (Expert) 12 November 2015
Appeal can be filed before the High Court. However, it is suggested that you can fight the case before the Sessions Court and try to win the case.

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