RICHA MUMGAIE Vs. HARENDRA PRASAD

JUDGEMENT

(1.) Heard Sri Ritesh Srivastava, learned counsel for the appellant.

(2.) Present appeal has been filed challenging the order judgment and order dtd. 16/2/2024 passed by Principal Judge, Family Court, Ghaziabad in Case No. 596 of 2020, under Sec. 13 (1) (i) of the Hindu Marriage Act.

(3.) By the impugned order, the application moved by the appellant-wife (hereinafter referred to as 'wife') under Order VII Rule 11(d) CPC read with Sec. 23 (1) (b) of the Hindu Marriage Act (hereinafter referred to as the Act) on the ground that after discussing the case law on the interpretation of the word 'condonation of the act' as given under Sec. 23 of the Act. The court below rejected the application and held that the divorce petition has been moved on the ground of cruelty and adultery with the averments made in the petition and the matter is at the stage of cross-examination of DW-1 coupled with the fact that the matter has been expedited by this Court, no such application can be entertained at this stage.