SARLA Vs. NARENDRA KUMAR

JUDGEMENT

(1.) Heard learned counsel for the parties. A petition for obtaining a decree for divorce was filed by the respondent/contemner which was decreed by the trial court vide judgment and decree dated 13.9.2002. To challenge that judgment and decree, the petitioner preferred appeal before this Court on 17.9.2002 within a period of four days only from the date of decree. The petitioner also apprehended that the respondent may contract the second marriage and, therefore, she preferred appeal forthwith and sought interim order from this Court upon which this Court granted injunction order on 23.9.2002 directing the respondent not to contract any second marriage.

(2.) According to learned counsel for the contemner, notice of even stay petition was not served upon the respondent uptil 19.1.2004 and after expiry of period of limitation for preferring appeal under Section 28 of the Hindu Marriage Act, the respondent contracted second marriage on 13.12.2002. In view of above, according to learned counsel for the respondent, ultimately, this Court after taking note of this fact dismissed the stay petition by order dated 15.3.2004.

(3.) Learned counsel for the petitioner vehemently submitted that the petitioner preferred appeal not only without delay but with promptness and within 4 days from the date of judgment and decree of the trial court and obtained injunction order from this Court within 7 days from filing of the appeal. The limitation for filing appeal is 30 days.