SHANTI DEVI Vs. MATHURA LAL

JUDGEMENT

(1.) THERE is a delay of 33 days in filing the appeal. Notice of the appeal as also of application Under Section 5 of the Limitation Act were issued on 30.9.1994. By order dated 1.3.1997 it was directed that the matter regarding delay shall be decided alongwith the appeal. The appeal is awaiting hearing since 10.3.1995, when notices of the application Under Section 5 of the Limitation Act and so also of appeal were received duly served.

(2.) BY way of this appeal, the appellant has challenged the judgment and decree of the Trial Court dated 31.5.1994 passed by the learned District Judge, Tonk in H.M.A. Case No. 44/88 by which the application filed by the respondent (husband) seeking dissolution of marriage on the ground of cruelty and desertion was sought for but decreed in favour of the respondent on the ground of cruelty only.

(3.) THE undisputed position on the record is that pursuant to the decree of divorce passed by the Trial Court, there has been no resumption of cohabitation between the parties nor reconciliation has taken place till date.