KIRTI RAJNI MITTAL Vs. SUDHARSHAN MITTAL

JUDGEMENT

(1.) This is an appeal by wife which has been filed belatedly, seeking condonation of delay of 1414 days, which has chanced in filing the appeal whereby she has questioned the impugned order dated 19.08.2013, passed by the Principal Judge Family Court, Dehradun, by virtue of which the Miscellaneous Case Number 51 of 2012 "Smt. Kirti Rajini Mittal vs Sudarshan Mittal", filed under Order 9 Rule 13 has been rejected.

(2.) The appellant-wife on 28.11.2011 had instituted a suit invoking Section 13 of the Hindu Marriage Act which was registered as Suit Number 800 of 2011 Smt. Kirti Rajni Mittal Vs. Sudarshan Mittal, wherein he has sought a relief for dissolution of marriage said to have been solemnized with the defendant-appellant on 18.01.2004.

(3.) Brief facts as agitated by the plaintiffappellant in the suit was that the plaintiff was a divorcee and the husband too was widower. The respondent-husband from the earlier wife had 3 children namely Ankur Mittal, Manish Mittal and Vishwas Mittal and from the second marriage solemnized with the plaintiff-appellant, no issues were born. She contended that despite of her best effort to keep the children of the respondent, from the first wife, to be happy and contented, yet he started acting atrociously against her and started harassing her and used to treat the plaintiff-appellant with humiliation.