YOGAMMA R Vs. T V RATNAM

JUDGEMENT

(1.) The appellant is the wife. Aggrieved by the decision rendered by the lower Court in I.A.No. 1337 of 1994 in O.P.No. 51 of 1994 dated 22-9-1994, she has approached this Court by way of this appeal.

(2.) Few facts are necessary for disposing of this appeal. The wife presented an application in O.F.No. 51 of 1994 on the file of the Court of the Additional Subordinate Judge, Ongole, under Section 12(l)(a) of the Hindu Marriage Act seeking a declaration that the marriage between the parties is a voidable marriage on the allegation that the respondent-husband is not a competent person to consummate the marriage. The said application was rejected on the premise that in terms of Section 14 of the Hindu Marriage Act, any petition under Hindu Marriage Act has to be filed before the Court, after completion of one year of marital period. The lower Court felt that the marriage between the parties took place in the month of May, 1993. Though in the month of May, 1993, the marriage had taken place, the petition was presented seeking declaration within one year from the date of the marriage and thus held since the application for declaration is filed within one year of the marriage, such an application is not entertainable under Section 14 of the Hindu Marriage Act and thus rejected the application.

(3.) The wife who has presented the petition, made yet another effort before the Court by filing I.A.No. 1337 of 1994 seeking to review the order by indicating that in terms of Section 12(1)(a) of the Hindu Marriage Act, there is no time prescribed for presenting the application and Section 14 of the Hindu Marriage Act has no application to the facts of the present case. But, however, the lower Court, having regard to its earlier view, rejected the review petition also in I.A.No. 1337of 1994 by order dated 22-9-1994,against which, the present appeal is filed.