GOPAL Vs. MANJU

JUDGEMENT

(1.) THE appellant -husband had filed a petition seeking relief of divorce Under Section 13(1) of the Hindu Marriage Act in the Court of Additional Judge to the Court of the District Judge, Indore. This petition was registered as Hindu Marriage Case No. 343 of 1991. By order dated 12 -3 -92, this petition was, however, dismissed on the linchpin of the conclusion that grounds of cruelty and desertion as alleged, were not established. Against this judgment, the appellant has preferred this appeal. This appeal, was, however, barred by time to the extent of 82 days. A separate application Under Section 5 of the Limitation Act, supported by an affidavit was also filed. The condonation was prayed and as attempt was made to explain this delay on the ground that parties were during that period seriously engaged in the efforts towards reconciliation.

(2.) BY order dated 7 -8 -92 a show cause notice against admission of this appeal as well as against the application Under Section 5 of the Limitation Act were directed to be issued to the respondent. Later by order dated 21 -1 -93, orders were also passed for keeping the parties present in the Court for the purpose of making efforts at reconciliation between them.

(3.) IN these circumstances, the appellant expressed his desire not to press this appeal. The appeal is, accordingly dismissed as not pressed. Parties shall bear their own costs of this appeal as incurred.