SUJATA SAHA Vs. N SAHA ALIAS NILKANTHA SAHA

JUDGEMENT

(1.) This revisional application is at the instance of a wife in a proceeding under Section 12 of the Hindu Marriage Act and is directed against Order No. 49 dated September 16, 1999 passed by the learned Additional District Judge, 9th Court, Alipore in Matrimonial Suit No. 4 of 1996 thereby rejecting an application of the present petitioner under Order 32(A) Rule 4 of the Code of Civil Procedure seeking service of any councillor being welfare expert (preferably women) engaged in promoting the welfare of the family for the purpose of effective counselling to resolve the dispute between the parties.

(2.) In the aforesaid suit for declaration that the marriage was a nullity for suppression of materials fact as regards the alleged epilepsy of the petitioner, the learned trial Judge tried for reconciliation in terms of Section 23(2) of the Hindu Marriage Act. It appears from the record that inspite of best attempt, such reconciliation failed and accordingly the learned trial Judge fixed a date of hearing of the trial. At this stage, the petitioner came forward with a fresh application thereby praying for taking the service of an expert engaged in promoting the welfare of the family as mentioned in the said application.

(3.) By the order impugned herein, the learned trial Judge has rejected such prayer on the ground that in the past, endeavour on the part of the Court in terms of Section 23(2) of the Hindu Marriage Act having failed, there was no necessity of passing any further order in terms of Order 32(A) Rule 4 of the Code.