SUNITA Vs. ASHOK KUMAR

JUDGEMENT

(1.) LEARNED counsel for the appellant submits that he could not, despite effort on his part, lay hands on the medico -legal report dated 20.05.2010 and copy of complaint filed by the parties against their neighbour on 11.02.2011.

(2.) ARGUMENTS in the appeal have been heard. Since the main appeal has been heard, the prayer for condonation of delay of 206 days in filing the appeal is now academic. Therefore, for the reasons set out in the application i.e. CM No. 25407 -CII of 2012, the same is allowed and the delay in filing the appeal is condoned, as prayed for.

(3.) THE respondent as petitioner No. 1 and the appellant as petitioner No. 2 filed a joint petition under Section 13 -B of the Act for dissolution of their marriage, which was solemnized on 27.04.1993, on the ground that there were temperamental differences between them and they could not pull along and were already living separately since 25.04.2009. Joint statement of the parties at the first motion was recorded on 09.06.2011 and the matter was adjourned to 13.12.2011 giving them a period of six months to re -think. At the time of second motion, i.e. on the date of decree, both the parties again appeared and made a joint statement to the same effect as before and wanted their marriage to be dissolved by mutual consent. The impugned decree was accordingly passed.