T SEVATHAAN Vs. JANAKI

JUDGEMENT

(1.) AGGRIEVED by the Order condoning the delay of 429 days in filing application under Or.9 R.13 CPC, the Petitioner/ Husband in the matrimonial proceedings HMOP No.22/1995 has preferred this revision. In condoning the delay, whether there was improper exercise of discretion, is the short point arising for consideration in this revision.

(2.) BRIEF facts are as follows: -

(3.) THIS is an unusual case where the husband and wife who are in the evening of their life, in their early sixties, are fighting out the matrimonial proceedings. The reason being obvious that the Petitioner/husband is said to have married another woman with whom he is alleged to have had intimacy even before the filing of the divorce Petition. It is also stated that the Petitioner who is a retired District Revenue Officer has a son through the second wife.