Sweety KumariversusAbhishek Raj

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Miscellaneous Appeal No.230 of 2024
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                 Sweety Kumari W/o- Sri Abhishek Raj, D/o- Sri. Shyam Sundar Singh, R/o-
                 103 C-Block, Quality Campus, Lohia Path, Jagdeo Path, Bailey Road, P.S.-
                 Hawai Adda, District- Patna, presently residing at
                                                                           ... ... Appellant/s
                                                    Versus
                 Abhishek Raj S/o- Sri. Anand Kumar Singh, Presently residing of 402,
                 Krishna Block Jalalpur City, Ram Jaipal Pat, Bailey Road, P.S.- Rupaspura,
                 District- Patna, Mobile- 7091768328.
                                                                        ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr. Shivendra Kr. Sinha, Adv.
                                               Mr. Ranjeet Patel, Adv.
                                               Mr. Avinash Kr. Singh, Adv.
                 For the Respondent/s   :      Mr. Durgesh Kumar Singh, Adv.
                                               Mr. Abhijeet Kr. Singh, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
                                            and
                         HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI)

8   07-04-2026                                    I.A. No. 01 of 2025

                                Heard the parties.

                                2. This is an application under Section 5 of the

                   Limitation Act filed by the appellant for the condonation of

                   delay by 145 days in preferring the instant appeal. It appears

                   from the record that the appellant was the opposite

                   party/respondent in the learned trial court. She duly appeared to

                   contest the suit filed by her husband praying for a decree of

                   divorce which was registered as Matrimonial Case No. 734 of

                   2019. It is submitted by learned advocate on behalf of the

                   appellant/petitioner that both the appellant and the respondent
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          are in medical profession. The appellant is working as a Medical

          Officer in Bihar State Medical Service. After appearance in the

          learned trial court there was Covid pandemic and a nation wide

          lock down was enforced since 15.03.2020 to 28.02.2022. In

          suo-moto, Special Leave to Appeal (Civil) No. 3 of 2020 the

          Hon’ble Supreme Court was pleased to condone non appearance

          of either of the parties during the said period in any suit/appeal

          or any legal proceedings, however, after the lock down was over

          the impugned judgment was passed on 04.11.2023.

                       3. It is submitted by the appellant in his petition that

          due to unavoidable circumstances, appellant could not attend the

          Court because of the fact that she is a lady of rural area and she

          does not have any knowledge about the legal proceedings. This

          averment made by the appellant is palpably wrong because she

          is highly educated and in medical profession.

                       4. When the matter was pointed out the learned

          advocate for the appellant submits that the said averment was

          made wrongly and inadvertently.

                       5. We are surprised to note that how a statement on

          affidavit can be easily described as a wrong statement made

          inadvertently by the appellant. On the contrary this Court finds

          that this is a glaring example of perjury for which the appellant
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                     should be held criminally liable.

                                  6. However, we are not going to take such extreme

                     steps. It is a fact that the appellant was not obliged to attend

                     learned trial court from 15.03.2020 to 28.02.2022, but there is

                     no explanation as to why she didn’t appeared after the said

                     period. We tried to allow the application for condonation of

                     delay assigning some reason in favor of the appellant, but the

                     appellant nowhere stated that she is a medical officer and due to

                     her professional obligation it was not possible for her to attend

                     the Court or any other convincing ground, for the said reason we

                     do not find any merit in the application under Section 5 of the

                     Limitation Act.

                                  7. Accordingly, application under Section 5 of the

                     Limitation Act is rejected.

                                  8. In view of rejection of application under Section 5

                     of the Limitation Act, the Matrimonial Appeal is also dismissed

                     being barred by the Limitation Act.



                                                                   (Bibek Chaudhuri, J)


                                                                 ( Chandra Shekhar Jha, J)
Sudha/S.Tripathi
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