RAJENDRA SHARMA Vs. NEETA SHARMA

JUDGEMENT

(1.) THIS is an appeal under Section 28 of the Hindu Marriage Act, 1955 (in short, the "act") by the husband against dismissal of his petition for divorce under Section 13 of the Act.

(2.) IT is not disputed that on 26. 3. 1983 the appellant was married with the respondent. They have two daughters out of their wedlock. The appellant filed a petition for divorce on the ground of cruelty. The respondent resisted the petition by denying the allegations made against her. The petition was dismissed by the Court below. Being aggrieved, the husband has perferred this first appeal under Section 28 of the Act.

(3.) ON 3. 1. 1991, the learned Counsel for the parties were heard and at their request they were permitted to file written arguments on or before 5. 1. 1991. On 5. 1. 1991 an application was made for extending the time till 7. 1. 1991 for the purpose of filing written arguments. Although no orders were made on this application for extension of time, written arguments were filed in the Court on 7. 1 1991 along with an application for amendment of the petition for divorce (3. A. No. 206/91 ). The written arguments are considered after taking them on record.