RAJ BALA Vs. PRAMOD KUMAR

JUDGEMENT

(1.) This is a wife's appeal under Section 28 of the Hindu Marriage Act, 1955, (the Act). On 14th May, 1976, the husband Promod Kumar brought a petition against his wife Raj Bala under Section 10 of the Hindu Marriage Act 1955 for judicial separation. While the petition was pending the Parliament passed the Marriage Laws (Amendment) Act 1976 (Amendment Act) which came into force on 27th May, 1976. This Act amended the Hindu Marriage Act of 1955. Section 39 of the Amendment Act provides : Special provisions as to pending cases.

(2.) Taking advantage of Section 39 (2) the husband made an application for amendment of the pleadings on 27th September, 1976. The amendment was allowed. The petition for judicial separation was converted into one of divorce on the ground of desertion under Section .13 (1) (i) (b). Then the trial started. The husband succeeded. The court granted him a decree of divorce on 12th October 1977.

(3.) On 7th January 1978 the wife appealed to this court. She also made an application under Section 5 of the Limitation Act for condonation of delay in filing the appeal. Section 28 (4) of the amendment Act 1976 provides: