SAVLARAM KACHAROO MHATRE Vs. YESHODABAI SAVLARAM MHATRE

JUDGEMENT

(1.) THE appellant filed a petition for annulment of marriage asking for a decree of nullity in the court of the Civil Judge, S. D. , at Thana on the ground that the respondent was pregnant at the time of marriage by some person other than the petitioner-appellant and that he was ignorant of the pregnancy at the time of marriage. The marriage between the appellant and the respondent took place on 8th February 1955. The appellant alleged that she delivered a full-time male child on the 6th of August 1955 about 180 days after the marriage was solemnized.

(2.) THE Hindu Marriage Act, 1955, came into force on 18th May, 1955. The Court was closed for Summer Vacation on 17th May and reopened on 11th June and the appellant filed the petition under section 12 (1) (d) of the Act on 11th June 1956. The trial Court dismissed it on the ground that it was not filed within one year of the commencement of the Act as required by section 12 (2) (b) (ii) and the decision of the trial Court is confirmed in appeal by the District Court. It is against this judgment that the present second appeal is filed to this Court.

(3.) IT is argued by Mr. Hegde that section 10 of the General Clauses Act applies to this case, and if it applies, his filing of the petition on the re-opending of the Court on 11th June 1956 was proper and the Courts below were wrong in dismissing his petition. Section 10 of the General Clauses Act, so far as is relevant, reads as follows: