GURMAIL SINGH Vs. CHARANJIT KAUR

JUDGEMENT

(1.) THE appeal has been filed by Gurmail Singh, the husband of the respondent Charanjit Kaur alias Pamo against the judgment and decree dated 24.10.2011 passed by the learned Civil Judge (Junior Division), Dhuri (Exercising the Powers of District Judge under the Hindu Marriage Act, 1955) ('Act' -for short) whereby the petition of the appellant under Section 9 of the Act seeking restitution of conjugal rights has been dismissed.

(2.) ALONG with the appeal, CM No. 14122 -CII of 2014 has been filed seeking condonation of 904 days delay in refiling the appeal. In the application seeking condonation of delay in refiling the appeal, it is submitted by the appellant that he could not contact his counsel as his mother was bed ridden due to arthritis. There was no one to look after her. Besides, the appellant had to take care of his minor son. There was no one to cook meals in the family as the respondent had deserted him. Due to the said compelling circumstances, the appellant could neither come to Chandigarh nor contact his counsel. About ten days earlier to the filing of the application, the appellant met his counsel with respect to the divorce case at Ludhiana. Then, he learnt that the F.A.O. was returned by the Registry and a delay of 904 days has occurred in refiling the appeal. The said delay, it is submitted, is unintentional and due to circumstances beyond control of the appellant. It is stated to be bona fide.

(3.) IT is submitted by learned counsel for the appellant that the appellant earlier also filed a petition under Section 9 of the Act on 26.10.2005, in which the matter was referred to the Lok Adalat. A compromise was reached at in the Lok Adalat on 22.04.2006 (Annexure A.2). In terms thereof, the earlier petition seeking restitution of conjugal rights was dismissed as withdrawn being compromised. Thereafter, the second petition (Annexure A.1) out of which the present appeal arises was filed.