R SUJATHA Vs. ARASU SRIVATSAV

JUDGEMENT

(1.) The original petition filed by the appellant for a decree of divorce on the ground of cruelty and desertion was rejected by the V Additional Family Judge, Chennai, on the ground of maintainability. Feeling aggrieved by the decree dated 16 March 2018 in H.M.O.P.No.1788 of 2015, the unsuccessful petitioner is before this Court.

(2.) The original petition filed by the appellant for dissolution of marriage in H.M.O.P.No.1733 of 2015 was rejected on the ground of maintainability, primarily for the reason that she earlier filed an Original petition in H.M.O.P.No.284 of 2012 for annulment of marriage. In short, the plea taken in the earlier petition on account of non-consummation of marriage was taken as the reason for rejecting the original petition for divorce at the threshold.

(3.) The core question is whether the initiation of proceeding earlier for annulment of marriage in H.M.O.P.No.284 of 2012 under Section 12(1)(a) of the Hindu marriage Act and the withdrawal of the said original petition without liberty would operate as a statutory bar for initiating a subsequent proceeding under Section 13(1)(i-a) and 13(1)(i-b) of the Hindu Marriage Act, for dissolution of marriage.