KAIZER BASU Vs. MAHUA BASU

JUDGEMENT

(1.) The revisional application was directed against Order No. 16 dated February 14, 2014 passed by the 7th Court of the Additional District Judge at Alipore, 24-Parganas(South) in Matrimonial Suit No. 17 of 2012.

(2.) By the impugned order, the learned Judge dismissed a petition under Section 13B of the Hindu Marriage Act, 1955 filed before it on the ground that such petition was maintainable before the District Judge only in view of the ratio of the judgment of the Special Bench reported at 2011 Volume 3 Calcutta Law Journal page 177 (Shrimati Rita Bhattacharjee v. Shri Santiranjan Bhattacharjee).

(3.) The parties to the proceedings jointly submitted that, the Court below being in seisin of the proceedings under Section 13 (1) of the Hindu Marriage Act, 1955 had the jurisdiction to consider and dispose of a petition under Section 13B of the Hindu Marriage Act, 1955 when petition was presented before it jointly by parties to the proceedings. The Court below ought to have allowed the conversion of the proceeding under Section 13(1) of the Hindu Marriage Act, 1955 to one under Section 13B of the said Act and had acted with material irregularity in not doing so. In support of such contention they relied on an unreported order dated June 25, 2012 passed in C.O. No. 33 of 2012 passed by the High Court where such conversion was allowed at the invitation of the parties thereto and Shrimati Rita Bhattacharjee .