DELHI SUBORDINATE SERVICES SELECTION BOARD Vs. JITENDER MUNJAL

JUDGEMENT

(1.) The present appeal instituted belatedly assails a judgment and order dated 19.09.2017, whereby, the petition instituted on behalf of the respondent husband under Sections 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'HMA'), being HMA No.905/2011 titled as 'J vs. R'(hereinafter referred to as 'subject petition'), for the dissolution of marriage was allowed.

(2.) On the pleadings of the parties, the learned Family Court vide its order dated 26.03.2013 framed the following issues:-

(3.) The respondent husband examined himself in support of his case and was cross-examined at length on behalf of the appellant wife. Admittedly, the appellant wife despite opportunity did not lead any evidence. Although, the evidence of the appellant wife was closed as far back as on 15.04.2017 and, further, an application seeking recall of the respondent husband as a witness was dismissed on 24.04.2017; the appellant wife did not carry those orders in appeal during the pendency of the proceedings before the learned Family Court and, consequently, the same have now attained finality.