SMT. R. DEEPTHI Vs. MR. R. VIJAY KUMAR

JUDGEMENT

(1.) The Civil Revision Petition is filed against the order dated 07.10.2015 passed in I.A. No. 356 of 2015 in O.S. No. 325 of 2013 on the file of Family Judge Court at Secunderabad.

(2.) The petitioner is the wife of the respondent. The respondent herein filed F.C.O.P. No. 325 of 2012 on the file of Family Court, Secunderabad under Section 13(1)(ia) of Hindu Marriage Act, 1955 (for short 'the Act'). Their marriage was performed on 06.01.2013 whereas the divorce application filed was within five months after the said marriage. As per Section 14 of the Act, there is a bar to maintain unless the imputation to seek relief on the ground of any fraud in performing the marriage. In fact, it is also one of the grounds in the divorce application for annulment of the marriage, which is to say the prayers are alternative. It is not disputed that when such is the case only in the prayer in relation to the annulment may be sustainable but not in relation to the divorce because of the bar laid down under Section 14 of the Act. However, the revision petitioner placed reliance upon the expression of the Madras High Court in G. Ganesh Babu v. A.P. Arthi, 2012 LS (Madras) 1768 . After service of notice on the respondent-wife, she filed an application in I.A. No. 356 of 2015 to reject the plaint as there is a legal bar to the very maintainability of the petition for the reliefs supra. The relief sought to reject the plaint invoking Order VII Rule 11 (d) C.P.C, the lower Court dismissed the said application and impugning the same, the present revision is maintained.

(3.) Heard both sides at length. Perused the material on record.