Himachal Pradesh HC Rejects Husband’s Over 2-Year Delay Plea After He Signed Court Statement Agreeing To Pay Wife ₹5,000 Monthly Maintenance

The applicant sought condonation of a delay of two years and three days in filing a revision against a Family Court order dated 1 February 2024, which, on the parties’ statements, recorded a compromise and directed him to pay the respondent ₹5,000 per month as maintenance

He attributed the delay to his being a rustic person who did not understand the consequences of the order and referred to a settlement deed and transfer of a share in property to the respondent

The applicant’s statement before the Family Court was signed by him and recorded in vernacular in the presence of his counsel

The Court considered the application on the basis of whether the explanation offered justified condonation of the delay.

It noted that courts ordinarily do not examine the merits while deciding a delay-condonation application, but may refer to the underlying order in the peculiar circumstances of a case

The judgment cites no specific statutory provision or precedent governing condonation of delay.

The Court found that the Family Court order followed the applicant’s clear statement that he had compromised the matter and would pay ₹5,000 monthly from 1 February 2024

The statement was signed by the applicant, who was identified by counsel, and contained no reference to the settlement deed on which he later relied

Because the statement was recorded in vernacular and the applicant did not claim that he could not understand Hindi, the Court rejected the claim that he was unaware of its contents or consequences

It treated the delayed challenge as an afterthought and found the explanation insufficient

Any pending miscellaneous applications were also disposed of