N K PAL Vs. UMA PAL

JUDGEMENT

(1.) THIS appeal has been preferred by the husband under Section 28 of the Hindu Marriage Act, 1956 (for short the Act) against the dismissal of his petition for divorce by the Court of III Additional Judge to the Court of District Judge, Bhopal.

(2.) ACCORDING to the husband's case, the parties were married on 18th of November, 1981. They both belonged to Bengali community. The husband is employed in the Post and Telegraph Department at Bhopal. The wife has now taken up service in Military Engineering Services on the post of Centre Incharge.

(3.) THE present appeal was dismissed by this Court on 28. 1. 1992 only on the ground of bar of limitation by rejecting the application under Section 5 of the Limitation Act for condonation of delay. The husband preferred a special leave petition is the Supreme Court in which by order dated 25th April, 1994 the case has been remitted to this Court with directions to condone the delay in filing the appeal and to decide the same on merits on payment of cost of Rs. 1,500/- to the respondent/wife. It is on the directions of the Supreme Court and on compliance of the terms laid down therein that this case has been heard for decision on merits.