LAWS(ALL)-2014-9-61

ARCHANA SHARMA Vs. MUKESH KUMAR SHARMA

Decided On September 22, 2014
ARCHANA SHARMA Appellant
V/S
MUKESH KUMAR SHARMA Respondents

JUDGEMENT

(1.) Both the aforesaid first appeals are between the same parties and arise out of the matrimonial dispute between the parties. We, therefore, with the consent of learned counsel for the parties, are disposing of both the first appeals by a common judgment.

(2.) First Appeal No.72 of 2004 arises out of the judgment and decree dated 30.09.2004 passed by Principal Judge, Family Court, Lucknow, whereby the petition filed by the appellant under Section 25 of the Hindu Marriage Act read with Section 151 CPC and Rule 17 of the Hindu Marriage and Divorce Rule, 1956, has been dismissed. The other First Appeal No.73 of 2004 arises out of the judgment and decree dated 30.09.2004 passed by Principal Judge, Family Court, Lucknow, whereby a petition under Section 13(1)(1a) of the Hindu Marriage Act filed by the respondent for dissolution of marriage was decreed and the Branch Manager, Oriental Bank of Commerce, Branch Tikaitrai Talab, Biharipur Branch, Lucknow was directed to hand over the ornaments kept in Locker No.180 to the appellant.

(3.) Before entering into the facts and merits of the case, we are constrained to observe that the parties are litigating since last about 23 years. The worst sufferer of this long litigation is the child, who was born out of the wedlock and the parties are still not ready to reconcile or settle their dispute amicably.