Udit Priye vs Rina Kumari

L.A. No. 7487 of 2016

The present interlocutory application has been filed for condonation of delay of 111 days in filing the first appeal. The reason for delay in filing the first appeal, as stated in this interlocutory application, is that the appellant being a poor person, due to paucity of fund, he could not file the appeal within time.

Pressing the interlocutory application, learned counsel for the appellant submits that the when the appellant was able to collect some fund, the present appeal has been filed. Learned counsel has, accordingly, prayed for condonation of delay of 111 days.

Having heard learned counsel for the appellant and in view of the statements made in the interlocutory application, we are inclined to condone the delay in filing the first appeal. The delay in filing the instant appeal is accordingly, condoned.

The aforesaid interlocutory application is allowed.

First Appeal No. 85 of 2016

Heard learned counsel for the appellant in the admission matter of the appeal.

The appellant is the husband of the applicant, who had filed Title Matrimonial Suit No. 190 of 2014 in the Court below for dissolution of marriage between the parties by a decree of divorce under Section 13(1) (i-a) of the Hindu Marriage Act, on the ground that she was being treated to cruelty and torture for demand of dowry.

The Judgment, under appeal, shows that the evidence was adduced by both the sides in the Court below. On the basis of the evidence adduced by the parties, the Court below has come to the conclusion that the applicant was subjected by this appellant to cruelty and torture for demand of dowry and he had also tried to commit her dowry death by burning her. The Court below, on the basis of the appreciation of the evidence on record, has decreed the suit by dissolving the marriage between the parties by a decree of divorce.

Learned counsel for the appellant has submitted that the findings given by the learned Court below are absolutely perverse and it is a fit case, in which, the finding of the Court below, as regards the cruelty and torture by this appellant, are fit to be set aside. Learned counsel, however, submitted that the appellant is not challenging the decree of divorce between the parties and in the facts and the circumstances of the case, the appellant also wants that the there should be divorce between the parties. Learned counsel accordingly, prayed for admission of this appeal and issuing notice to the respondent.

Having heard learned counsel for the appellant and upon going through the record, we find that the Court below has considered the evidence on record meticulously and has found that the applicant was being subjected to cruelty and torture for demand of dowry and accordingly, the marriage between the parties has been dissolved by a decree of divorce under Section 13 (1) (i-a) of the Hindu Marriage Act. We do not see any illegality in the impugned Judgment and Decree passed by the Court below.

There is no merit this appeal and the same is, accordingly, dismissed.