Court No. - 29
Case :- FIRST APPEAL No. - 998 of 2021 Appellant :- Smt. Abhilasha Respondent :- Ajay Counsel for Appellant :- Dileep Kumar,Sudhir Kumar Srivastava
Hon'ble Pritinker Diwaker,J. Hon'ble Ashutosh Srivastava,J.
Grievance of the appellant is that the marriage of the appellant with respondent was solemnized on 12.07.2021 as per Hindu customs and rites and a divorce petition has been filed on 08.10.2021, which has been entertained by the Family Court, Hamirpur and impugned notice has been issued on 26.11.2021 requiring the presence of appellant before the Principal Judge, Family Court, Hamirpur.
Learned counsel for the appellant submits that the Principal Judge, Family Court could not entertain the petition for divorce inasmuch as Section 14 of Hindu Marriage Act 1955 provides a bar to entertain a petition for divorce unless one year has elapsed since the date of marriage.
We have gone through Section 14 of Hindu Marriage Act and we find that the proviso of said section empowers the Court to entertain a petition before one year is elapsed upon an application made to it. The record do not reveal as to whether any application was moved by the respondent seeking the benefit of said proviso of Section 14 of the Act, nor the appellant has stated that no such application was moved by the respondent. Moreover, the appellant has rushed to this Court simply assailing the impugned notice.
Having considered the provisions of the Act and the arguments advanced by the appellant, we are of the opinion that the appellant can raise the objections before the Family Court, Hamirpur regarding the maintainability of the Divorce Petition.
In the eventuality of doing so, the court below is obliged to consider the objections and pass appropriate order in accordance with law.
The appeal is disposed of in the aforesaid terms.
Order Date :- 20.12.2021 SK