RAJ KISHOR MAHTO Vs. SMT. LATA DEVI

JUDGEMENT

(1.) The present interlocutory application has been filed for condonation of delay of 35 days in filing the instant appeal. In view of the statements, made in the interlocutory application, the delay in filing the appeal, is hereby, condoned. The aforesaid interlocutory application, thus, stands allowed. F.A. No. 185 of 2014 Heard learned counsel for the appellant as also learned counsel for the sole-respondent.

(2.) The appellant is aggrieved by the Judgment and Decree dated 8.7.2014, passed by the learned Principal Judge, Family Court, Dhanbad, in Title Matrimonial Suit No. 448 of 2007, whereby the suit filed by the appellant for dissolution of marriage between the parties, by a decree of divorce under Sec. 13(1)(i-a) of the Hindu Marriage Act, has been dismissed with costs.

(3.) The Judgment, under appeal shows that the suit was filed by the appellant under section 13(1)(a) of the Hindu Marriage Act, which relates to the dissolution of marriage by a decree of divorce on the ground that after solemnization of marriage, the petitioner had been treated with cruelty by the respondent. However, the judgment shows that the evidence was adduced by the appellant petitioner in the Court below to the effect that there was no marriage between the parties and they were between the degree of prohibited relationship, the respondent being the 'Bua' of the appellant petitioner. It is apparent from the judgment on record that there was no pleading or evidence as regards the cruelty meted to the appellant petitioner by the respondent. The only evidence that was adduced by the appellant petitioner in the Court below was that they were under the degree of prohibited relationship and there was no marriage between them.