Amita Kumari and Another Vs Keshav Nand Sharma — Himachal Pradesh HC (2026) — LawSathi Research

Amita Kumari and Another Vs Keshav Nand Sharma — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay in filing the revision petition against the impugned order dated 03.10.2024 condoned; condonation application Cr.MP (M) No.1816 of 2025 allowed and disposed of; proposed Criminal Revision registered as Cr. Rev (FC) ST No.6256 of 2025, admitted, and to be listed for hearing along with Criminal Revision (FC) No.13 of 2025.

Issue for consideration

Whether sufficient cause has been shown for the applicant's failure to prefer the revision petition against the impugned order dated 03.10.2024 within the prescribed period of limitation. +1 more

Court's answer

This Court is satisfied that sufficient cause has been shown for not preferring the revision petition within the prescribed period of limitation.

Ratio / Principle

Accordingly, the delay in filing the revision petition is condoned.

Detailed headnote1 paragraphs

Condonation of delay - sufficient cause - application allowed. By order dated 03.10.2024, the learned Additional Principal Judge, Family Court, Ghumarwin, District Bilaspur awarded maintenance in favour of the son but declined the prayer of petitioner-Amita Kumari. Amita Kumari filed Cr.MP (M) No.1816 of 2025 seeking condonation of delay in filing a revision petition against that order, pleading that after the order she remained bedridden for about three to four months, was unaware that the Family Court order could be challenged before the High Court, and learnt of the remedy only upon receipt of summons in Criminal Revision No.13 of 2025 preferred by the respondent-husband. The same impugned order was already under challenge in that revision (referred to in the order as Criminal Appeal No.13 of 2025, titled Keshav Nand Sharma v. Amita Kumari), which stands admitted vide order dated 27.11.2025 and awaits final adjudication. Holding that sufficient cause had been shown for not preferring the revision within the prescribed period of limitation, the Court (Vivek Singh Thakur and Ranjan Sharma, Judges) condoned the delay, allowed and disposed of the application, registered the proposed revision as Cr. Rev (FC) ST No.6256 of 2025, admitted it, and directed it to be listed for hearing along with Criminal Revision (FC) No.13 of 2025. Merits of the challenge to the Family Court order were not decided.

Keshav Nand Sharma v. Amita Kumari a/w connected matter

Cr. Revision (FC) No.13 of 2025 a/w Cr.MP (M) No.1816 of 2025

Cr. Revision (FC) No.13 of 2025

21.07.2026. Present : Mr. Naresh K. Sharma, Advocate, for the

petitioner.

Mr. Vinod Kumar Thakur, Advocate, for the respondent.

Cr.MP (M) No.1816 of 2025

Mr. Vinod Kumar Thakur, Advocate, for the petitioner.

Mr. Naresh K. Sharma, Advocate, for the petitioner.

Cr.MP (M) No.1816 of 2025

This application has been filed for condonation of delay in filing the revision petition against impugned order dated 03.10.2024 passed by the learned Additional Principal Judge, Family Court, Ghumarwin, District Bilaspur, whereby maintenance has been awarded in favour of the son, but prayer of petitioner-Amita Kumari has been declined.

2. It is the case of the petitioner that, after passing of the impugned order, she remained bedridden for about three to four months. It is further averred that she was not aware of the fact that order

passed by the learned Family Court can be challenged before the High Court. According to her, neither she was advised by her counsel in this regard nor informed about the available legal remedy. She came to know about the said remedy only upon receipt of summons issued by this Court in Criminal Revision No.13 of 2025 preferred by respondent-husband, wherein she had been directed to appear before this Court.

3. In aforesaid facts and circumstances, applicant-petitioner-Amita Kumari approached this Court and filed the present application along with proposed Criminal Revision against the impugned order dated 03.10.2024, which already under challenge in Criminal Appeal No.13 of 2025, titled Keshav Nand Sharma v. Amita Kumari, preferred by the respondent-husband, which stands admitted and is awaiting final adjudication.

4. Prayer of the applicant-petitioner has been vehemently opposed by the learned counsel for the respondent on the ground that day to day delay, as required to be explained under law, has not been explained and further the ailment was not of such a

nature that applicant could not come to High Court to assail the order within limitation period or immediately after receiving the summons in the aforesaid criminal revision petition.

5. As the impugned order proposed to be challenged by the applicant-Amita Kumari is already under challenge in Criminal Revision (FC) No.13 of 2025 preferred by the respondent-husband and considering the explanation furnished by the applicant, this Court is satisfied that sufficient cause has been shown for not preferring the revision petition within the prescribed period of limitation.

6. Accordingly, the delay in filing the revision petition is condoned.

7. Application is allowed and stands

disposed of.

Cr. Revision No._______ of 2026 [Cr. Rev (FC) ST No.6256 of 2025

8. Be registered.

9. Respondent is duly represented. 10. Admit.

11. List the matter for hearing along with Criminal Revision (FC) No.13 of 2025, in due course.

Cr. Revision (FC) No.13 of 2025

12. The matter already stands admitted vide

order dated 27.11.2025. List the same in due

course.

(Vivek Singh Thakur) Judge

(Ranjan Sharma) July 21, 2026 Judge [Shivender]