JUDGMENT

Neena Bansal Krishna, J.

CM APPL.36872/2021 (Exemption)

Exemption allowed, subject to all just exceptions.

The application is disposed of.

CM APPL. 36871/2021 (under Section 5 of Limitation Act for Condonation of Delay)

The present application under Section 5 of the Limitation Act has been filed on behalf of the appellant for condonation of delay of 123 days in filing the present appeal.

In view of the averments made in the application and in the interest of justice, the application is allowed. The delay of 123 days in filing the accompanying appeal is condoned.

The application is disposed of.

MAT. APP. (F.C.) 103/2021

1. The present appeal under Section 19 of the Family Courts Act, 1984 has been filed against the judgment dated 29.01.2021, dismissing the divorce petition filed by the appellant/husband, on the ground of cruelty under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 (hereinafter refered to as "HMA, 1955").

2. Briefly stated, the parties got married on 03.02.2014 as per Hindu Customs and Rites in Kolkata and no child was born from their wedlock. The parties admittedly separated in March, 2015 i.e. after about one year and during this period also, the parties resided