Section 5 of limitation act

@ Author

From your brief and I quote you what does "The wife also filed a counter to it in 125 crpc and mentioned that she will enquire about it." mean in relation to decree in divorce proceedings as well as were her presence marked when "additional issues" in S. 125 CrPC were filed and accepted ?


Clatify above quote and unquote of your first to understand your brief in toto and then guid eyou.


BTW, what is husband's status as of today's date ? Mean has he re-married are still contemplating about re-marriage !


Condoning 3 years delay could be done and much longer duration condoned precedents do exists but then there are too many sips between cup and a lip is my early view which could be backed once I understand your abv. para under quote.......

tro ;condone the dealy it requires reasonable grounds.  Beyond reasonable doubts delay will have to be explained

Dear Vankat

Read it

Extension of prescribed period in certain cases -

Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908) may be admitted after the prescribed period, if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period.

Explanation - The fact that the appellant or the applicant was misled by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this section

@Tajob,

The counter filed for the submission of divorce decree in 125 crpc case by wife's advocate and also the 125 crpc case was disposed.... divorce and 125 crpc are in 2 different courts... when her advocate filed a counter means she had sufficient knowledge of the contents of the additional show cause and divorce decree...

@Nadeem,

Wife mentioned in the affidavit of sec 5 of limitation act that she didn't have the knowledge of the decree in these 3 years....but husband submitted the 125 crepc case order sheet where it was clearly mentioned that marriage was dissolved and it is added as an additional ground in 12r5 crpc..

As per affidavit no sufficient reason mentioned for delay other than this..

Can u elaborate Sufficiant reason... or it simply the discretion of the court??

Do we have any precedents where in tghese cases sec 5 petition was dismissed...?

@ Author

1. If she and or her advocate have already received Court Order copy where additionlal issues are framed u/s 125 CrPC (mentioning the couples have divorced 3 years back !) and after that certified copy (days Order sheet) knowledge if she files Affidavit with S. 5 LA Application for delay condonation in civil Court then she has no chance to succed PERIOD.

2. You donot need any citation. Your reply smells that she has sufficient knowledge of decree in divorce 3 years ago and also a litigant needs to be vigilant of court proceedings and after 3 years if she is suddenly waking up taking frivilous grounds (that she has no knowledge of divorce decree) to revive Diovrce which happened 3 years ago then she will miserably fail. Infact she should continue her claims u/s 125 CrPC if that has not been finally disposed off by way of final Judgment u/s 125 CrPC proceedings in all these three years.

Yours is a straight forward brief where her moves will be dismissed with heavy cost (if that is what you may have prayed while challenging her S. 5 Application in civil proceedings now). Your Adv. should be able to assist you in civil court and there is nothing much as in legal inputs that is required if your Advocate understand above para 1.

@Tajob,

Thanks.. your understanding correct except that 125 crpc is disposed after 2 1/2 years of her knowledge abt the divorce decree and the revision is pending in HC..

In the same sec 5 LA matter in Family Court the husband also filed 340 Crpc petiion as she has misguided the FC through her affidavid...

Now wife has to file the counter to 340 crpc ptn and fate will be decided by FC for both  ptns..