VIJAY JAISWAL Vs. NISHA JAISWAL

JUDGEMENT

(1.) THE appeal has been preferred by the husband aggrieved by dismissal of his application seeking dissolution of marriage filed under Section 12 of Hindu Marriage Act, 1955, same has been dismissed as barred by limitation vide impugned order dated 15-7-05 passed by Family Court, Bhopal in RCS no. 66-A/05.

(2.) THE controverted facts relevant for decision of the appeal are that marriage of appellant Vijay was performed with Smt. Nisha on 28-6-03. The application was filed seeking dissolution of marriage on 21 -2-05.

(3.) IT was claimed by the husband that he came to know on 15-1-2005 of pregnancy of wife, at the time of solemnization of marriage when he found certain prescriptions in which it was mentioned that wife was carrying pregnancy of 12 weeks on 15-7-2003 from someone else whereas marriage was performed two weeks before. Thus, the application for dissolution was filed under Section 12 (1) (d) of Hindu Marriage Act. An application under Order 7 Rule 11, CPC was filed by the wife for dismissing the petition as barred by limitation as petition for dissolution of marriage under Section 12 (1) (d) of Hindu Marriage Act could have been preferred within a period of one year from the date of performance of marriage. Application under Order 7 Rule 11, CPC has been allowed. The application filed under Section 12 (1) (d) has been dismissed by the family Court as barred by limitation. Dissatisfied thereby, the appeal has been preferred by the husband.