Satyam Kumar Sahu vs Smt. Sita Gupta
2015 Latest Caselaw 1436 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- FIRST APPEAL DEFECTIVE No. - 223 of 2015
 

 
Appellant :- Satyam Kumar Sahu
 
Respondent :- Smt. Sita Gupta
 
Counsel for Appellant :- H.P. Mishra
 

 
Hon'ble Sudhir Agarwal,J.

Hon'ble Mrs. Ranjana Pandya,J.

1. This is an application seeking condonation of delay in filing the appeal.

2. Heard.

3. Cause shown for delay in filing appeal is sufficient.

4. Delay in filing appeal is condoned.

5. This application, accordingly, stands allowed.

Order Date :- 23.7.2015

Ashish Pd.

(Civil Misc. Delay Condonation Application No. 236548 of 2015)

Case :- FIRST APPEAL DEFECTIVE No. - 223 of 2015

Appellant :- Satyam Kumar Sahu

Respondent :- Smt. Sita Gupta

Counsel for Appellant :- H.P. Mishra

Hon'ble Sudhir Agarwal,J.

Hon'ble Mrs. Ranjana Pandya,J.

1. The application seeking condonation of delay having been allowed vide order of date passed on Delay Condonation Application, let appeal be registered with regular number and the old number shall also continued to be shown in bracket for finding out details of case, whenever required by parties with reference to either of the two numbers.

2. This appeal under Section 19 of the Family Courts Act, 1984 has been filed against the judgment and decree dated 1.11.2013,  passed by Principal Judge, Family Court, Gorakhpur dismissing Divorce Suit No. 126 of 2010 filed by plaintiff-appellant under Section 13 of Hindu Marriage Act.

3. The suit was instituted by plaintiff-appellant on two grounds firstly, there was no relationship of husband and wife (defendant-respondent) and secondly, on the ground of cruelty. On both aspect, the plaintiff has miserably failed to adduce any evidence to prove it. In these circumstances, it has been dismissed by the court below.

4. Despite repeated query, learned counsel for appellant could not point out any error in the order impugned. In our view, the judgment of court below warrants no interference.

5. Dismissed.

Order Date :- 23.7.2015

Ashish Pd.