SHRI. R. CHANDRASHEKAR Vs. SMT. BHAGYAMMA

JUDGEMENT

(1.) THIS writ petition is directed against the order on I.A. No. 2 dated 1.2.2013 in M.C. No. 85/2013 on the file of the III Additional Principal Judge, Family Court, Bangalore, whereby the Family Court has rejected the application of the petitioner seeking leave to present divorce petition before the expiry of one year from the date of the marriage. I have heard the learned Counsel for the parties.

(2.) THE contention of the learned Counsel for the petitioner is that the marriage of the petitioner with the respondent was solemnized on 22.11.2012. Within one week from the date of the marriage, the respondent left the marital home with her boyfriend. She is not willing to continue her marital relationship with the petitioner. This is a case of exceptional hardship to the petitioner. That is why, he has filed a petition for divorce on 4.1.2013 under Section 14 of the Hindu Marriage Act, 1955 (for short 'the Act').

(3.) IN Smt. Priyanka Maity (Ghosh) vs. Sabyasachi Maity ( : AIR 2012 Cal 243), the Calcutta High Court has held that while granting leave, the Court must consider reconciliation between the parties. In exercising its discretion to grant leave, the Court would take into consideration the petition and objections if any and if the affidavit in answer is destructive of the petitioner's case, the Court can dismiss' the application. Even if it may not be destructive but raised some doubts, the Court would be entitled to refuse to exercise such discretion. In exercising such discretion, the Court is required to consider the interest of any child of the marriage and the reasonable probability of reconciliation between the parties.