RITU PRETI KAPOOR Vs. VINEET PERTI

JUDGEMENT

(1.) BY this appeal filed under Section 28 of the Hindu Marriage Act, 1955 read with Section 151 Code of Civil Procedure, the Appellants seek to challenge the order dated 2nd April, 2011 passed by the court of learned Addl.District Judge, Karkardooma Court, Delhi in HMA Case No. 364/2009 thereby dismissing the second motion petition filed by the parties under Section 13B(2) of the HM Act.

(2.) THE background of facts briefly is that the Appellants filed the petition for divorce by mutual consent under Section 13B of the HM Act (first motion), on 11.07.2009 which was allowed vide judgment dated 3.09.2009 subject to the conditions mutually agreed between the parties. The second motion under Section 13B(2) of the Hindu Marriage Act had already been filed jointly by the parties on 11.07.2009 and was granted petition No. 364/2009 which was listed on several dates but due to unavoidable circumstances both the parties could not appear together for the recording of the joint statement. However on 2.04.2011, when both the parties appeared together for recording their joint statement, vide order dated 2.04.2011 the Ld. Court dismissed the second motion on the ground of limitation as being beyond the statutory period of 18 months. Feeling aggrieved with the same, the Appellants have preferred the present appeal.

(3.) I have heard learned Counsel for the parties.