AK Vs. SSK

JUDGEMENT

(1.) This is an appeal under Section 19 of Family Courts Act, 1984 read with Section 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as ,,the Act) for setting aside judgment dated 21.12.2016 whereby a petition seeking grant of divorce on the ground of cruelty was dismissed and an alternate relief of judicial separation has been granted by the Family Court. Together with this appeal, the appellant/husband has filed an application under Section 5 of the Limitation Act seeking condonation of 447 days delay in filing the present appeal.

(2.) Learned counsel for the appellant/husband submits that delay in filing the appeal has been caused on account of bonafide reasons and not on account of negligence or inaction on the part of the appellant. The ground for seeking condonation is ill-health of the father of the appellant and old age diseases of his 75 years old mother.

(3.) Learned counsel has strongly urged before the Court that the father of the appellant had suffered a serious attack of brain haemorrhage and cellulite on both the feet. The appellant being the only son living with his parents (the other son is settled abroad) and has to look after them.