RAJENDRA @ AMAR SINGH Vs. BITTAM @ USHA LODHI

JUDGEMENT

(1.) Appellant has filed this appeal against the order dated 02.12.2006 passed by the District Judge, Panna in C.S.No. 29- A/2006. By the aforesaid order, the trial Court allowed the application filed by the respondent under Order 7 Rule 11 and dismissed the suit on the ground that the suit is not maintainable becasue it was filed beyond the period of limitation prescribed under Section 12 of the Hindu Marriage Act, 1955.

(2.) The appellant filed a suit for declaring the marriage solemnized between the appellant and respondent as null and void. He pleaded that the marriage between the appellant and the respondent was solemnized on 19.06.2005 as per the Hindu rituals. The appellant came to know that the respondent was pregnant with someone else before the marriage and he filed the suit for divorce on 01.07.2006. Respondent denied the pleadings that she was pregnant with someone else. An application was filed under Order 7 Rule 11 on behalf of the respondent questioning the jurisdiction of the Court to entertain the suit because the suit was filed beyond the period of limitation prescribed under Section 12 of the Hindu Marriage Act, 1955. The trial Court allowed the application and dismissed the suit.

(3.) It is an admitted fact that the marriage between the appellant and respondent was solemnized on 19.06.2005. The appellant filed the suit on 01.07.2006 beyond the period of one year from the date of solemnization of the marriage.