Bonafides Of Explanation For Condonation Of Delay Must Be Ascertained First: Allahabad High Court

The Allahabad High Court has held that while delay with delay condonation, the Court must first ascertain the bona fides of the explanation furnished by the party seeking such condonation.

While dealing with an appeal, filed with a delay of 654 days, against a judgment declaring a marriage void, the bench of Justice Arindam Sinha and Justice Satya Veer Singh held,

“The Court owes a duty to first ascertain the bona fides of the explanation offered by the party seeking condonation. It is only if the sufficient cause assigned by the litigant and the opposition of the other side is equally balanced that the Court may bring into aid the merits of the matter for the purpose of condoning the delay.”

Appellant-wife approached the High Court against judgment of the Family Court dated 18.08.2023 declaring her marriage void. She pleaded that since the parties had cohabited after the judgment and there was baby born out of the union, the judgment ought to be set aside.

Counsel for the husband brought on record an affidavit filed by the wife before the Family Court wherein she had admitted to receiving the summons for the divorce proceedings. It was also pleaded that the wife had suppressed the fact of her first marriage. It was argued that the wife had appeared once and then disappeared, therefore, ex-parte order was passed against her.

The Court observed that the appellant-wife had not contested the fact of her first subsisting marriage which was brought on record by affidavit. It held that the husband could not be expected to prove the marriage with proof as he could not have been privy to the wedding performed as per rituals.

“There is no explanation, let alone bona fide explanation given in the application. Applicant-appellant sought to explain away almost 2 years' delay by alleging late discovery of impugned judgment and, inter alia, not being in sound financial condition for 4 months thereafter to take steps.”

Accordingly, the appeal by the wife was dismissed.

Case Title: Neha Jaykishore Mehrolia v. Rahul Sisodia 2026 LiveLaw (AB) 136

Case citation: 2026 LiveLaw (AB) 136

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