JAGMOHAN GOSWAMI Vs. SUDHA SAXENA

JUDGEMENT

(1.) This appeal under Section 28(1) of the Hindu Marriage Act, 1955 impugns the judgment and decree [dated 17th September, 2003 in HMA 239/2000/98 of the Court of Additional District Judge, Delhi] of dismissal of the petition filed by the appellant husband for dissolution of his marriage with the respondent wife under Section 13(1)(ia) of the Act.

(2.) The appeal came up first before this Court on 17th November, 2003, when notice thereof was ordered to be issued and the Trial Court record requisitioned. Vide order dated 15th December, 2004, the appellant husband was directed to pay to the respondent wife Rs. 15,000/- on account of litigation expenses. The order dated 14th February, 2006 records that the said amount had been paid. Vide order dated 23rd March, 2007, the appeal was ordered to be admitted. On 23rd October, 2008, the appeal was dismissed in default on non-appearance of either of the parties but on application of the appellant husband was, vide order dated 29th March, 2011, restored to its original position. Since then, the appeal is being adjourned from time to time. The appeal was listed last on 17th July, 2018, when the respondent appeared in person and stated that her advocate Mr. Sunil Mittal was busy in another Court and unable to argue on that date. Though an attempt was made to hear the counsel for the appellant, but he also sought adjournment. In the circumstances, the appeal was listed for hearing for today, making it clear that no further adjournment shall be granted.

(3.) Today, the respondent appearing in person, states that she is unable to afford an advocate and will argue in person. The counsel for the appellant has been heard and the Trial Court record requisitioned perused.