JUDGMENT :

ALOK KUMAR PANDEY, J.

I.A. No. 01 of 2024

1. This is an application under Section 5 of the Limitation Act for condonation of delay of about 410 days in filing the present miscellaneous appeal.

2. For the reasons stated in the interlocutory application, delay in filing the present miscellaneous appeal is condoned.

3. The interlocutory application is accordingly disposed of.

M.A. No. 807 of 2024

Heard learned counsel for the appellant and learned counsel for the respondent.

2. The present appeal is directed against the judgment dated 06.06.2023 passed by the learned Principal Judge, Family Court, Sheohar in Matrimonial Divorce Suit No. 19 of 2023 whereby and whereunder petition filed by both the plaintiffs under Section 13(B) of Hindu Marriage Act, 1955 (hereinafter referred to as "the Act") has been rejected on the ground that the parties have not been living separately for one year since on first motion itself that the respondent/husband has established conjugal relation on 15.03.2023 whereas the joint divorce petition with mutual consent was filed on 11.05.2023 though the respondent has sworn affidavit to the extent that he has been living separately for last more than one year