MUKESH KUMAR Vs. CHANCHAL

JUDGEMENT

(1.) This appeal, under Section 28 of the Hindu Marriage Act (hereafter 'the Act') was filed against the judgment dated 13/1/2003 passed by the Addi. District Judge, Delhi in H.M.A. No. 261/2001/88. The appellant (hereafter referred to as 'the husband') had filed a petition under Section 13(1)(i-a) before the Additional District Judge (hereafter 'the Trial Court') on the ground of cruelty by the respondent (hereafter 'the wife').

(2.) The appeal was directed to be listed in the category of the first five regular matters in the week commencing 3rd July, 2006, on the 17th of May, 2006. It was accordingly, listed in the category of regular matters and called out for hearing on 21st August, 2006 and on 6th September, 2006, when no adverse orders were passed due to absence of appellant's Counsel. Again when the appeal was called out on 12th of September, 2006, the appellant's Counsel was absent; no adverse orders were however passed. The respondent was present on the other hand, on 6th September, 2006, and 12 September, 2006. On the 13th of September 2006, when the appeal was called out, the appellant and his Counsel were absent, whereas the respondent was present with her Counsel. Arguments were partly heard. On the next three dates of hearing, namely 19th of September, 2006, 20th of September, 2006 and 28th of September, 2006, the appellant's Counsel continued to be absent. Arguments were concluded on behalf of the respondent, on 28th September, 2006, when judgment was reserved. The order sheet for the previous dates of hearing had recorded that attempts were made to settle the dispute to the mutual satisfaction of the parties but unsuccessfully.

(3.) The marriage between the parties was solemnized on 2.6.1985 at East Patel Nagar, New Delhi. There are two children born out of this wedlock, they are now aged 20 years (girl) and 19 years (boy) respectively. Both the offsprings are residing with their mother and pursuing their education.