(1.) This is the husband's appeal from the dismissal of his appeal by the learned Extra Assistant Judge, Yavatmal, against the order passed by the trial Court on the wife's petition for restitution of conjugal rights, allowing that petition.
(2.) It is not necessary to go into the points raised before the Courts below. In the petition brought by the wife for restitution of conjugal rights. The only defence of the appellant was that he had obtained a divorce in accordance with the custom prevalant in Banjara community to which the parties belong, on 11th September, 1975. Both the Court held against the appellant on this issue.
(3.) Shri Sohani the learned counsel for the respondent raised an objection regarding the maintainability of the appeal as it had not been filed within 30 days as required under sub-section (4) of section 28 of the Hindu Marriage Act. The lower appellate Court had decided the appeal on 29th April, 1980 and the present appeal e to be filed on 5-8-1980 i. e. after the expiry of 98 days from the decision of the lower appellate Court. Even if the period of 13 days spent in obtaining the copies were taken into consideration, the present appeal is woefully beyond time. There is no application for condonation of delay under section 5 of the Limitation Act and the objection taken on behalf of the respondent must prevail.