IN THE HIGH COURT OF PUNJAB HARYANA AT CHANDIGARH.
CM-20213-CII-2019 CM-20214-CII-2019 in/
FAO-M-188 of 2019 (OM)
Date of decision: September 26, 2019
Sunil Kumar …Appellant
CORAM: HON’BLE MR. JUSTICE RAJAN GUPTA
HON’BLE MRS. JUSTICE MANJARI NEHRU KAUL
Present: Mr. Sumeet Singh Brar, Advocate for the petitioner.
Rajan Gupta, J.(oral)
This is an application under Section 5 of the Limitation Act for
condonation of 197 days delay in filing the appeal. Only ground given in the
application is that the appellant being a poor person was not able to file the appeal
in time. No other plausible reason is forthcoming. Besides, a perusal of the order
shows that defence of the appellant was struck off as he failed to pay maintenance
pendente lite. The court, thus, examined the evidence led by wife Anju who
appeared as PW-1 and examined two other witnesses. It came to the conclusion
that applicant herein had treated his wife with cruelty. It, thus, dissolved the
marriage by a decree of divorce.
Admittedly, there is no child out of the wedlock. In the facts and
circumstances of the case, we do not intend to interfere and consequently, the
appeal is dismissed as being time barred.
( RAJAN GUPTA )
September 26, 2019 (MANJARI NEHRU KAUL)
Whether speaking / reasoned Yes / No
Whether Reportable: Yes / No
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