MONISHA BAHADUR CHETNA RUSTAGI vs BASUDEB BAHADUR — FAT/68/2026

Case under Special Marriage Act ,1954 Section NA. Disposed: Contested--DISMISSED AS TIME BARRED on 19th May 2026.

CNR: WBCHCA0094062026

CASE DISPOSED

Next Hearing

09th March 2026

Filing Number

FAT/69/2026

Filing Date

24-02-2026

Registration No

FAT/68/2026

Registration Date

25-02-2026

Judge

HON'BLE JUSTICE SABYASACHI BHATTACHARYYA , HON'BLE JUSTICE BISWAROOP CHOWDHURY

Coram

HON'BLE JUSTICE SABYASACHI BHATTACHARYYA , HON'BLE JUSTICE BISWAROOP CHOWDHURY

Bench Type

Division Bench

Category

GROUP B (CIVIL MATTERS) ( 2 )

Sub-Category

Miscellaneous ( 6 )

Judicial Branch

STAMP REPORTER (SR) SECTION

Decision Date

19th May 2026

Nature of Disposal

Contested--DISMISSED AS TIME BARRED

Acts & Sections

Special Marriage Act ,1954 Section NA

Petitioner(s)

MONISHA BAHADUR CHETNA RUSTAGI

Respondent(s)

BASUDEB BAHADUR

Hearing History

Judge: HON'BLE JUSTICE SABYASACHI BHATTACHARYYA , HON'BLE JUSTICE BISWAROOP CHOWDHURY

09-03-2026

FOR ADMISSION

Orders

19-05-2026
HON'BLE JUSTICE SABYASACHI BHATTACHARYYA,HON'BLE JUSTICE BISWAROOP CHOWDHURY

Summary of FAT/68/2026 The court dismissed Monisha Bahadur's appeal against an ex parte divorce decree dated June 21, 2022, filed 1243 days late. The appellant sought delay condonation, arguing the intervening Order IX Rule 13 application (dismissed August 25, 2025) should exclude time from the limitation period. The court rejected this, finding the appellant's bona fides questionable since her claim of non-service was disbelieved in the earlier application, and noting the two remedies operate in different fields. Critically, the court considered equitable factors—the respondent's remarriage and potential harm to his second spouse and children—in refusing condonation. Both the condonation application and appeal were dismissed as time-barred. This case analysis is maintained by casestatus.in based on publicly available court records.

casestatus.in Summary

Summary of FAT/68/2026 The court dismissed Monisha Bahadur's appeal against an ex parte divorce decree dated June 21, 2022, filed 1243 days late. The appellant sought delay condonation, arguing the intervening Order IX Rule 13 application (dismissed August 25, 2025) should exclude time from the limitation period. The court rejected this, finding the appellant's bona fides questionable since her claim of non-service was disbelieved in the earlier application, and noting the two remedies operate in different fields. Critically, the court considered equitable factors—the respondent's remarriage and potential harm to his second spouse and children—in refusing condonation. Both the condonation application and appeal were dismissed as time-barred. This case analysis is maintained by casestatus.in based on publicly available court records.

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