- (1.) Heard the learned counsel for the appellant and the learned counsel for the respondent.
(2.) Interlocutory Application No.5676 of 2016 has been filed for condonation of delay of 179 days in filing the first appeal. The reason for filing the appeal after such an inordinate delay, as stated in the interlocutory application, is that after the impugned order dated 19.9.2014 passed by the learned Principal Judge, Family Court, Dhanbad, the appellant was in shock after coming to know about the order and thereafter, the appellant has filed this first appeal.
(3.) The impugned order dated 19.9.2014 passed in Civil Misc. Case No.16 of 2008 by the Court below, shows that the miscellaneous case was filed in the Court below for setting aside the Judgment and Decree dated 15.7.2004 passed in T.M.S No.156 of 1996, whereby the marriage between the parties was dissolved by the decree of divorce by mutual consent, in view of the agreement between the parties, as well as undertaking of the appellant to pay a sum of Rs.1500/- per month as alimony to the wife. The said order was challenged in this Court in F.A No.61 of 2004, which was disposed of by order dated 1.8.2005 dismissing the appeal as not maintainable, giving liberty to the appellant to challenge the impugned order before the same Court. Thereafter, after a lapse of three and half years, on 14.11.2008, the miscellaneous case was filed for setting aside the Judgment and Decree, dissolving the marriage between the parties by mutual consent and the order of making payment of Rs.1500/- per month to the respondent wife.;