SAUDAMINI LENKA AND MOHAPATRA Vs. KHAGESWAR LENKA

JUDGEMENT

(1.) The appellant-wife has filed the aforesaid appeal under Section 19 of the Family Courts Act, inter alia, challenging the decree of divorce passed under Section 13 of the Hindu Marriage Act read with Section 7 of the Family Courts Act by the Judge, Family Court, Cuttack in Civil Proceeding No. 127 of 1997.

(2.) Several grounds were urged by the appellant challenging the aforesaid decree. However, in view of the fact that we are going to dispose of the appeal on point of law, we do not feel called upon to go into the disputed questions of facts, lest the same may prejudicially affect the subsequent litigation, if any.

(3.) Admittedly respondent-husband married the appellant according to Hindu caste- customs and rites prevailing in the society on 19.5.1996. It appears that dissensions cropped up between the parties soon after the mar- riage culminating in filing of a petition under Section 13 of the Hindu Marriage Act by the husband. The said petition was filed on 5.5.1997. Sec. 14 of the Hindu Marriage Act reads as follows: No petition for divorce to be presented within one year of marriage. Sec. 14(1): Not withstanding anything contained in this Act. It shall not be competent for any Court to entertain any petition for dissolution of marriage by a decred of divorce, unless at the date of the presentation of the petition one year has elapsed since the date of the marriage. Provided that the Court may, upon application made to it in accordance with such rules as may be made by the High Court in that behalf, allow a petition to be presented before one year has elapsed since the date of the marriage on the ground that the case is one of e-ceptional hardship to the petitioner or of e-ceptional depravity on the part of the respondent, but if it appears to the Court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the Court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect untill after the e-piry of one year from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after the e-piration of the said one year upon the same or substantially the same of facts as those alleged in support of the petition so dismissed. -- -- -- --