A Vs. M

JUDGEMENT

(1.) FAO No. 506/2002 has been preferred by the appellant husband against the judgment (dated 2nd August, 2002 in HMA No. 1103/01/96 of the Court of the Additional District Judge, Delhi) of dismissal of his petition for dissolution of marriage by a decree of divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The appellant husband had also filed an application before the learned Additional District Judge pointing out that certain judgments cited at the bar at the time of addressing arguments did not find mention in the judgment. The application was disposed of vide order dated 23rd August, 2002 of the Additional District Judge. The order dated 23rd August, 2002 is also impugned in the appeal.

(2.) The said appeal came up before this Court first on 24th September, 2002 when notice thereof was ordered to be issued. Vide order dated 14th January, 2004 the appeal was admitted for hearing. The appeal was listed for hearing from time to time but for some reason or the other remained to be heard.

(3.) MAT Appeal No. 87/2008 has been preferred by the appellant wife against the judgment and decree (dated 30th May, 2008 in HMA No. 233/2008 of the Court of Additional District Judge, Delhi) allowing the petition of the husband for dissolution of marriage by a decree of divorce under Section 13(1)(ib) of the Hindu Marriage Act and resultantly dissolving the marriage of the parties. The said appeal came up first before this Court on 3rd September, 2008. Vide order dated 8th September, 2008, notice of the appeal was ordered to be issued and it was ordered that the husband shall not remarry till the next date of hearing. Vide order dated 30th January, 2009, the appeal was admitted for hearing and the interim order confirmed till the disposal of the appeal.