SHARMA H KASINATH Vs. SHOBHA

JUDGEMENT

(1.) A petition filed by the petitioner - husband under Section 13[1][ia] of the Hindu Marriage Act, 1955 [for short 'the Act'] before the Court of I Additional Principal Judge, Family Court, Bangalore, came to be dismissed by the trial court on the respondent - wife filing an application under Section 14 of the Act pointing out that the petition having been presented within a period of one year from the date of the marriage was not tenable in law.

(2.) The learned Judge of the trial court having looked into this aspect of the matter and as a matter of fact having found that the petition was presented within a period of one year, not only allowed the application, but also dismissed the matrimonial petition itself in terms of its order dated 2.9.2009 reading as under:

(3.) It is aggrieved by this order, the present appeal Under Section 19 of the Family Courts Act.