CHITRANJAN SHARMA Vs. ADESH SHARMA

JUDGEMENT

(1.) THIS petition filed under Article 227 of the Constitution is directed against the order dated 31.1.2013, whereby the application preferred under section 151 CPC dated 30.1.2013 was rejected by the court below. It is stated in the said application that the period of six months prescribed in section 13 -B of Hindu Marriage Act (for short, the 'Act') be relaxed and application may be entertained.

(2.) UNDISPUTED facts before the court below were that the application under section 13 -B of the Act was pending before the court below since 12.8.2004. Both the parties stated before the court below that there is no possibility of reconciliation or reunion between the parties and, therefore, the said time period be relaxed. This application was rejected by the court below on the ground that the said period cannot be relaxed and it is a mandatory condition.

(3.) CRITICIZING the said order learned counsel for both the parties submit that the finding of the court below is bad in law and it runs contrary to the following judgments of this Court: -