This application is filed by the applicant to condone delay of 102 days in filing the matrimonial appeal challenging the judgment dt.06.03.2025 of the Family Court, Ambassa, Dhalai, Tripura in Title Suit (Divorce) 11 of 2024 granting divorce to the respondent.

It is the specific contention of the applicant/appellant in the application for condonation of delay that the respondent-husband had misled the Trial Court, and managed to get the impugned order of divorce behind the back of the appellant.

It is contended that she could not contest the case as the respondent filed the divorce case showing a wrong address, and so the notice for her appearance was not served on her at all.

According to her, he showed the address of the appellant at Village- Aralia, Tulakona, but the applicant wife was not staying there.

It is also contended that the respondent misled the Court below, and obtained the order of divorce, although he failed to fulfil all the norms and criteria on substituted service of notice on her.

She alleged that on 18.08.2025 while she was living with the respondent in the matrimonial home, the police of the Ambassa Police Station came to the house of her husband, and dragged her out of the house saying that there is a divorce decree passed on 06.03.2025.

The respondent however filed a Counter Affidavit disputing these contentions.

He stated that the address shown in the divorce case filed by him, was the address of the parents of the applicant, but no evidence in support of the said plea has been filed by him.

In this view of the matter, it has to be presumed that the applicant was not served any notice at all in the O.P., and was therefore not aware of the passing of the divorce decree on 06.03.2025 against her.

Therefore, we are satisfied that sufficient cause has been shown by her for not filing the Appeal within time.

The so-called substituted service taken out by the respondent in the Trial Court cannot be given any weight in view of the fraud committed by the respondent on the Court by showing the wrong address of residence of the applicant.

Therefore this Application is allowed, and the delay in filing the Appeal is condoned.

IA stands disposed of.

IA No.02/2025 in Mat.App. No.23 of 2025

Pending further orders, there shall be stay of the judgment dt.06.03.2025 of the Judge, Family Court, Ambassa, Dhalai, Tripura in Title Suit (Divorce) 11 of 2024.

Mat.App. No.23 of 2025

Admit.

Call for the Lower Court Records.

Paper Book be prepared.

List the matter for hearing in due course.