Gopal Krishan Vyas - (1.) The instant D.B. Misc. Appeal has been filed by the appellant husband Shyam Lal against the judgment dated 9.6.2016 passed by the Judge, Family Court, Chittorgarh in Civil Original Case No. 301/2014 whereby an application filed by the appellant husband under Section 25 of the Hindu Marriage Act was dismissed. Alongwith the appeal, an application has been filed by the appellant under Section 5 of the Limitation Act to condone the delay of 39 days in filing this appeal.
(2.) Upon application filed under Section 5 of the Limitation Act, we have examined the order dated 9.6.2016 also passed by the learned Family Court rejecting the application filed by the appellant Shyam Lal under Section 25 of the Hindu Marriage Act in which he has prayed for maintenance from his wife Smt. Neetu in whose favour divorce decree was granted by the learned Addl. District and Sessions Judge Neemuch (MP) on 29.6.2013.
(3.) Learned counsel for the appellant submits that marriage of the appellant was solemnized with Smt. Neetu 14 years back. For some time, her behaviour was satisfactory, but thereafter, she started quarrelling without any reason and from last 10 years, she is residing with her parents. It is also submitted that before 7 years, his wife Smt. Neetu was appointed as ASI in the Railway Department and all efforts were made by him to live together, but she was not interested to perform her duties. Therefore, an application was moved by the appellant under Section 9 of the Hindu Marriage Act on 2.8.2011 in the court of District and Sessions Judge, Chittorgarh, but the divorce petition has been filed by the respondent Smt. Neetu under Section 13 of the Hindu Marriage Act in the court of learned Addl. Sessions and District Judge, Neemuch (MP) and the said court passed the divorce decree vide order dated 29.6.2013. Therefore, the application of the appellant filed under Section 9 of the Hindu Marriage Act was dismissed. According to the appellant, the appeal against the divorce petition is pending in the MP High Court.;