PRAKASH CHANDRA Vs. RAJ KUMAR

JUDGEMENT

(1.) This appeal under Sec. 28 of the Hindu Marriage Act, 1955 (for short 'the Act') is directed against the dismissal of Civil Suit No. 5A/84 filed by the petitioner in the District Court, Khargone for dissolution of his marriage with the non-applicant by a decree of divorce.

(2.) It is not in dispute that the parties who are Hindus were united in wedlock. The petitioner filed the aforesaid suit which stood adjourned to 15-4-86, for reconciliation proceedings as provided under Sec. 23(2) of the Act on the aforesaid date, the petitioner's counsel did put in appearance, but the petitioner absented himself. The petitioner's learned counsel stated at the Bar that the Court might proceed on the basis that the petitioner is not willing for any reconciliation. In the circumstances aforesaid, the learned trial Judge dismissed the petition on the ground that the petitioner did not cooperate with the Court in the performance of its necessary duty relating to reconciliation.

(3.) Aggrieved by the order aforesaid, the petitioner has filed this appeal.