ANUPAM CHAUDHARY Vs. RAVEEN MOHAN CHAUDHARY

JUDGEMENT

(1.) THIS is an application under Section 5 of the Limitation Act for condonation of delay in filing the first appeal against the judgment of Additional District Judge, Faridabad, dated 22-12-1988, whereby a decree of divorce based on mutual consent of the parties was passed.

(2.) ACCORDING to the applicant a fraud has been played on her and the decree of divorce has been obtained on misrepresentation by the husband. These allegations have been controverted in the reply filed on behalf of the husband. On the last date of hearing original records were sent for which have been received.

(3.) THE parties are present in person. After hearing both of them, we are of the considered view that without expressing any opinion on the allegations and counter allegations made by the parties, at this stage, it is a fit case where delay in filing the appeal should be condoned and the appeal should be heard on merits. Consequently, the application is allowed and the delay in filing the appeal is condoned. Appeal is admitted.