TEJPAL SINGH SAINI Vs. SUREKHA SAINI

JUDGEMENT

(1.) For the reasons stated in the affidavit filed in support of the delay condonation application (I A No.01 of 2023), delay condonation application is allowed, and the delay of 52 days] is hereby condoned.

(2.) The appellant has come up in the appeal against the judgment dtd. 14/8/2023, whereby his divorce petition under Sec. 13 (1) (ia) (ib) of the Hindu Marriage Act, has been dismissed.

(3.) The marriage of the parties was solemnized on 17/4/2000, and they are living separately since 2006 and there is no child from this marriage. As per the Family Court's judgment, after the marriage was solemnized in the year 2000, the respondent/ wife deserted and living separately since 2006. Thereafter, in the year 2010, a complaint was made before the Women Helpline and with the intervention of the family members, the settlement was arrived at between the parties, that they could not live together. As per the appellant, the entire stridhan was returned and also as permanent alimony Rupees Three Lakh, were paid to the wife/ respondent. The compromise dtd. 22/9/2010, was duly notarized by Smt. Satyavati Verma, Advocate at Roorkee at Serial No.747/ 22/9/2010.