LAWS(DLH)-2021-10-123

SANNO KUMARI Vs. KRISHAN KUMAR

Decided On October 28, 2021
Sanno Kumari Appellant
V/S
KRISHAN KUMAR Respondents

JUDGEMENT

(1.) Considering the fact that the impugned judgment was passed by the Family Court on 20/1/2020, whereafter the COVID-19 pandemic hit the country, and affected the ability of the parties to pursue their rights, inter alia, before Courts, the application is allowed, and delay in filing of the appeal is condoned.

(2.) The present appeal is directed against the judgement dtd. 20/1/2020 passed by the learned Principal Judge, Central District, Family Court, Tis Hazari, Delhi in HMA Petition No. 904/2017 preferred by the appellant wife against the respondent husband under Sec. 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955 (HMA) to seek decree of divorce. By the impugned judgment, the learned Family Court has dismissed the said divorce petition by returning the findings that neither of the grounds of cruelty or desertion has been established by the appellant wife.

(3.) Both the parties come from poor background. The marriage between the parties was solemnized on 7/12/2000. Pertinently, at that point of time the appellant was minor. She was barely 13 years of age, whereas, the respondent was 19 years old. The appellant attained majority on 5/3/2005. She was residing in her parental home all through. Even though, the appellant attained majority in the year 2005, she continued to reside at her parental home till November 2014. During this period, she was studying and on account of her own merit, she was able to secure a job with Delhi Police in the said year.