Through this writ petition quashing of order dated 14.09.2009 has been sought for by which the petitioner's application 20 Ga-2 for dismissing the suit as not maintainable being premature has been rejected by the court below in original suit no. 77 of 2008 (Neetu and another vs Ram Babu Nishad). It appears that petitioner is already married with respondent no.2 and concealing this fact has solemnised marriage with respondent no.1 on 10.12.2006. This marriage was registered on 12.1.2007. After coming to know this fact the respondent no.1 has filed original suit no. 77 of 2008 for declaring the marriage void. The present petitioner has filed with an application before the court below stating therein that the suit is premature as it was instituted before expiry of one year, in view of Section 12 (2) of the Hindu Marriage Act. Learned Judge dealing with the matter has rejected the application with the observations that the provisions of Section 12 (2) of the aforesaid Act are not attracted under the facts and circumstances of the present case as the declaration of marriage as void has been sought for. From the perusal of the Sub Section 2 of Section 12 it transpires that it relates to voidable marriage and not void marriage. The present case is covered under Section 5 (1) of the Hindu Marriage Act therefore provisions of Sub Section (2) of Section 12 are not attracted. The revision lacks merit and it is dismissed.
Order Date :- 3.2.2010 PKB