NIVYA V.M Vs. SIVAPRASAD M.K.

JUDGEMENT

(1.) C.M.Appl.No.1 of 2022 1. There is a delay of 2152 days in filing the appeal. The appellant has filed this petition under Sec. 5 of the Limitation Act, 1963, seeking to condone the said delay.

(2.) The appellant filed O.P.No.200 of 2014 seeking a decree of divorce. The original petition was dismissed as per the judgment dtd. 7/1/2016. The appellant would contend that after dismissal of the petition filed by the respondent for declaring the marriage null and void, she has filed O.P.No.200 of 2014. On account of the pressure mounted on her following dismissal of the earlier petition, and in consequent of shattering her dreams and aspirations, she fell in severe despair. She had to attend psychiatric counselling to overcome the depression. Although she tried to migrate to United States of America, that also failed on account of the dispute regarding to the marital relationship and resultant litigations. Due to those developments, she could not file the appeal in time. Hence, she seeks to condone the delay.

(3.) The respondent filed counter affidavit. He would contend that the reasons stated for the delay by the appellant are totally incorrect. In 2015, she joined for Ph.D. in Central University of Kerala at Periya in Kasaragod. She has been pursing that course and for internship in connection with her Ph.D. course she went to U.S.A. during 2018-19. The respondent filed O.P.No.172 of 2011 for restitution of conjugal rights, but the Family Court, Kasaragod dismissed that original petition. In the appeal filed by the respondent, Mat.Appeal No.819 of 2016, the appellant herein had entered appearance and filed Vakalath on 6/8/2016. There was no difficulty for the appellant to approach the counsel appearing in Mat.Appeal No.819 of 2016. Since she could appear in other cases and go to U.S.A., her contention that she was under severe despair and consequent depression cannot be believed. Since she went abroad suppressing the criminal cases pending against her and in connivance with policemen, a criminal case was registered against her in that regard in 2019, which also revealed that she filed the present petition without any bonafide.