JYOTIRANJAN BHOI Vs. SUBHASHREE SAHU

JUDGEMENT

(1.) This Civil Revision Petition has been filed by the petitioner assailing the order dated 28.1.2016 passed by the learned Civil Judge (Sr. Divn.), Boudh in MAT Case No.1 of 2015 thereby dismissing an application under Order 7 Rule 11 of C.P.C. at the instance of the husband.

(2.) In assailing the impugned order, learned counsel for the petitioner contended that the Matrimonial Case was itself barred by law in view of the provision contained under Section 25 (B) of the Special Marriage Act, 1954 and since the marriage was solemnized on 13.12.2013 as clearly appearing from Annexure-2, initiation of the proceeding since after one year from the date of issuance of the marriage certificate vide Annexure-1 following the provision under Section 25(B) of the Act is barred by law. It is alleged that the Court below has failed in appreciating the objections raised by the petitioner by moving the Order 7 Rule 11 application and thus, the impugned order is bad in law and liable to be set-aside.

(3.) Sri Dhal, learned counsel for the sole opposite party on the other hand, submitted that the Matrimonial Suit was filed with the prayer as follows: