- (1.)This petition has been filed to condone the delay of 550 days in filing the above C.M.S.A. against the decree and judgment passed in H.M.C.M.A. No. 35 of 2004, dated 31.7.2004, on the file of the District Court, Tirunelveli, confirming the judgment passed in H.M.O.P. No. 369 of 1993 on the file of the I Additional Subordinate Court, Tirunelveli, dated 19.12.2003.
(2.)The marriage of both parties was celebrated on 17.6.1984 in Paganeri. Due to love lost between them, they got separated which led the respondent to file a petition for divorce in H.M.O.P. No. 369 of 1993 under Section 13(1) of the Hindu Marriage Act. The petition was allowed dissolving the marriage by means of a decree, on 19.12.2003. The petitioner took the matter in appeal in H.M.C.M.A. No. 35 of 2004 on the file of the First Additional District Judge, Tirunelveli and by means of a judgment, dated 31.7.2004, the appellate Court confirmed the order passed by the Court below dismissing the appeal.
(3.)From the above said appeal, the petitioner presently intends to prefer appeal before this Court, of course, with a delay of 550 days. In the affidavit, she has alleged that the copies of the judgment and decree were made ready on 29.12.2004. However, she was not in a position to file appeal within time, that after some period, she was advised to approach the Legal Aid for filing the appeal and in the mean time, there was a delay in filing the appeal and that if the delay is not condoned, she will be put to irreparable hardship and she has got a fair chance to have success in the appeal and hence, the delay may be condoned.