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2003 Supreme(Del) 888

S.K.MAHAJAN
VINITA SAXENA – Appellant
Versus
PANKAJ PANDIT – Respondent


Advocates Appeared:
PUNIT TANEJA, SUSHIL DUTT SAGVAN

S. K. Mahajan, J.

( 1 ) THIS order will dispose of the application of the appellant under Section 5 of the Limitation Act for condonation of delay in filing the appeal. A few facts giving rise to this appeal are : the appellant had filed a petition under Section 13 (1) (ia) (iii) of the Hindu marriage Act for dissolution of marriage by a decree of dicorce. That petition was dismissed by the Matrimonial Court vide its judgment dated 19th March, 2001. The judgment of the Matrimonial Court has now been challenged by filing an appeal by the appellant on 5th April, 2002. There is a delay of 355 days in filing the appeal. This application is, therefore, filed for condonation of this delay.

( 2 ) THE appellant was married to the respondent on 7th February, 1993. Alleging that the marriage was not consummated as the respondent was incapable of consummating the same and alleging cruelty, the appellant filed petition on or about June 30,1994 seeking dissolution of marriage by a decree of divorce. After filing the petition, the appellant pursued her studies and completed her MS (Structural Engineering) from Indian Institute of Technology, Delhi in 1995 and the following year she left for a Ph






















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