KRISHAN LAL Vs. MANJU

JUDGEMENT

(1.) THIS is an appeal filed by the appellant against the judgment dated 24.02.2005 by virtue of which the petition of the respondent for divorce on the ground of mental cruelty and desertion was allowed ex parte. Along with the appeal, CM No.13762/2012 has been filed under Order 41 Rule 3A read with Section 5 of the Limitation Act, 1963 seeking condonation of delay of 2594 days.

(2.) I have heard the learned counsel for the appellant and gone through the record.

(3.) MAT . Appeal No.56/2012 Page 2 of 8 Briefly stated the admitted facts of the case are that the present appellant is purported to have got married to the respondent according to Hindu rights and ceremonies on 11.04.1992 at Delhi. It is also not disputed that both the appellant as well as the respondent were having this as a second marriage. The appellant alleged that on 28.04.1993, he was thrown out from the house of the respondent which resulted in his filing a petition under Section 9 of the Hindu Marriage Act, 1955 bearing No.292/1993. The respondent in order to counter the said petition, filed a petition for divorce on 12.08.2000 under Section 13 of the Hindu Marriage Act, 1955 which was given No.536/2000. The petition under Section 9 of the Hindu Marriage Act, 1955 is stated to have been dismissed as withdrawn by the appellant on 11.10.2001. Further the respondent's petition for divorce under Section 13 of the HMA Act (536/2000) was also dismissed by the learned ADJ on merits after trial on 01.06.2002.