KANCHAN UPRETI Vs. KOMAL UPRETI

JUDGEMENT

(1.) Appellant-husband challenges the order passed by the Family Court, Nainital rejecting the application filed by the appellant under Sec. 14 of the Hindu Marriage Act, 1955 (from hereinafter referred to as "the said Act"). The case of the appellant was filed under Sec. 14 of the said Act on the following allegations:

(2.) The Court proceeded to find that the marriage was solemnized against the wishes of the respondent; the marriage was not consummated; the parties want to obtain a decree of divorce; on the basis of the statements of the parties, it is undisputed that the suit of the parties does not fall under any ground given in Sec. 13 of the said Act; and the parties can file a petition for decree of divorce by mutual consent under Sec. 13 of the said Act. It is further found that Sec. 13 of the said Act is a complete self contained code. The power to grant relaxation in the conditions of the above section lies with the Honourable Supreme Court under Art. 143 of the Constitution of India and no other Court has power to grant relaxation with the above said conditions. The court further held that the provision of Sec. 14 of the said Act is in the context of presenting the suits under Sec. 13 of the said Act before one year and Sec. 14 of the said Act has no bearing on the cases of Sec. 13-B of the said Act. Therefore, the application was rejected.

(3.) Heard Mr. Sandeep Kothari, learned counsel on behalf of the appellant and Mr. Pankaj Chaturvedi, learned counsel on behalf of the respondent. The parties were also present.