Court No. - 3
Case :- FIRST APPEAL DEFECTIVE No. - 199 of 2018 Appellant :- Smt. Ritu Goyal Alias Anya Respondent :- Priyank Agrawal Counsel for Appellant :- Satyendra Narayan Singh,Satya Prakash Singh
Hon'ble Pankaj Mithal,J. Hon'ble Rajiv Joshi,J.
The appeal is reported to be beyond time by 79/82 days.
We have heard learned counsel for the appellant and have perused the averments made in the delay condonation application. We are satisfied that the appellant was prevented by sufficient cause in filing the appeal within time. Accordingly, the delay in filing of the appeal is condoned.
The delay condonation application no. 1 of 2018 is allowed. We have heard learned counsel for the parties on merits as well.
This appeal has been preferred against the order dated 7.12.2017 passed by the Family Court, by which the joint petition for divorce by mutual consent filed under section 13-B of the Hindu Marriage Act, has been directed to be returned to the parties, for the reason that it has been presented even before expiry of the statutory period of one year of their living separately. One of the conditions precedent for filing the petition under section 13-B of the Act is that the parties to the marriage are living separately for a period of one year. In the petition, the averment is that they are living separately from September, 2017.
In view of the above, the statutory period of one year of their living separately had not expired when the petition was filed, and as such it has rightly been returned to the parties. We find no error or illegality in the impugned order.
The appeal is accordingly dismissed.
Order Date :- 30.5.2018 SNT/