NIRMALA Vs. PRAVEEN

JUDGEMENT

(1.) Heard the learned counsel for appellant and learned counsel for respondent and perused the appeal papers including an affidavit in support of IA No.1/2023 filed under Sec. 5 of the Limitation Act, praying to condone the delay of 4653 days in preferring the appeal.

(2.) It is submitted that the appellant married the respondent on 13/8/1995 as per Hindu customs and rituals. After sometime, respondent/husband has driven out the appellant/wife, which made the appellant to file petition under Sec. 9 of the Hindu Marriage Act, 1955 (for short, 'Act, 1955') for restitution of conjugal rights. The said petition was filed in the year 2005 before the Family Court, Belagavi, which was numbered as MC No.1/2005. In the said proceedings, the petitioner herself examined as PW1 and marked documents as Ex.P1 to P5, whereas respondent examined himself as RW1 and marked documents as Ex.R1 to R17. The Family Court after hearing both the parties and on scrutiny of the material on record, dismissed the petition filed under Sec. 9 of the Act, 1955 holding that the appellant has failed to prove the marriage with respondent. Against dismissal of the petition filed under Sec. 9 of the Act, 1955 for restitution of conjugal rights, present appeal is filed under Sec. 19(1) of the Family Courts Act, 1984 (for short, 'Act, 1984') before this Court on 8/6/2022.

(3.) There is inordinate delay of 4653 days in preferring the present appeal.