This appeal under Section 19 of the Family Courts Act, 1984 is directed against the judgment and decree dated 19.5.2009 passed in Matrimonial Case No.66 of 2003 by the learned Principal Judge, Family Court, Patna whereby the divorce case filed by the appellant against his wife, the respondent on the ground of cruelty and desertion has been dismissed on contest with costs.

2. The parties have been heard at length on merits of the appeal for the purpose of its final disposal and also in respect of Limitation Petition i.e. IA No.5303 of 2009 and an application under Sections 24 and 26 of the Hindu Marriage Act, 1955 (IA No.4825 of 2011) for payment of maintenance to the respondent and her minor son, Utkarsh and also expenses of the litigation. The averments in the Interlocutory Applications have not been controverted. As per Limitation Petition, a delay of 52 days occurred in filing of the instant appeal on account of erroneous impression that appeal could be filed under Section 28 of the Hindu Marriage Act for which the period of limitation would be 90 days. Since the appeal was filed within 90 days under the aforesaid impression, in the facts of the case, the delay in filing of