JYOTI DEVI Vs. ASHOK TAMBOLI

JUDGEMENT

(1.) The present interlocutory application has been filed for condonation of delay of 42 days in preferring this appeal.

(2.) The appellant is aggrieved by the order dated 8.4.2016, passed by the learned Principal Judge, Family Court, Gumla, in Divorce Case No. 29 of 2013, whereby, the application for dissolution of marriage by a decree of divorce by mutual consent, filed under Section 13-B of the Hindu Marriage Act, by both the sides has been dismissed as infructuous due to lapse of time.

(3.) The impugned order shows that the application was jointly filed on 212.2013 for grant of divorce by mutual consent, under Section 13-B of the Hindu Marriage Act. Thereafter a petition under Section 25 of the Hindu Marriage Act was filed by the appellant in the Court below praying for grant of permanent alimony to her. Since then the parties were leading evidence in the Court below. The record further reveals that initially the application was filed for a decree of divorce by mutual consent, but later on it became contested matter and apparently the parties were no more in agreement since long. As a long period had lapsed after filing of the application under Section 13-B of the Hindu Marriage Act, the same was dismissed by the Court below as infructuous, though on the ground of lapse of time, but it also finds mentioned in the impugned order that the parties are no more in mutual consent, rather the matter became contested.