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Judgments of Supreme Court of India and High Courts

Sunil Kumar vs Anju on 26 September, 2019

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
Versus
Anju …Respondent

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 )
JUDGE

September 26, 2019 (MANJARI NEHRU KAUL)
‘Rajpal’ JUDGE

Whether speaking / reasoned Yes / No

Whether Reportable: Yes / No

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07-10-2019 20:57:10 :::

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