GURNAM SINGH Vs. CHAND KAUR

JUDGEMENT

(1.) This appeal is directed against the order of the learned District Judge, Faridkot, vide which the petition of the appellant, for a decree for the annulment of his marriage with Smt. Chand Kaur respondent under section 12 of the Hindu Marriage Act, has been dismissed with costs.

(2.) The parties in this case were married on 28-6-1967 and the petition under section 12 of the Hindu Marriage Act was filed by the petitioner- appellant on 1-12-1976. In the petition, the petitioner alleged that there has not been any unnecessary or improper delay in filing this petition. In the written statement filed by the wife this contention was stated to be wrong. The learned District Judge while framing the issues did not put this matter under issue and as such the parties have led no direct evidence on this point. Under section 23(1)(d) of the Hindu Marriage Act, when a petition is filed under the Hindu Marriage Act, the Court has to satisfy that there has not been any unnecessary or improper delay in institution the proceedings. Thus it has to be seen as to whether there is any delay and if it is so whether it is improper or unreasonable. The delay has to he explained to the satisfaction of the Court and the parties are required to produce evidence in support of their claims. In the instant case the parties have not been given an opportunity to explain the alleged delay as no such issue was framed though the factum of delay as alleged by the petitioner and denied by the respondent. Under these circumstances before deciding this appeal, a finding on delay is essential for the right decision of the case under section 12 of the Hindu Marriage Act. I think it proper that the parties should produce evidence on the point of delay in filing the petition. The following additional issue is, therefore, framed : "Whether there has been unnecessary or improper delay in instituting the proceedings and the case is referred to the trial Court under Order 41 rule 25 of the Civil Procedure Code with the direction that it will try the said issue and take fresh additional evidence if required and shall return the evidence to this Court together with its finding thereon and the reasons therefor within a period of two months from the date of the receipt of the order. The parties, through their counsel are directed to appear in the Court of District Judge, Faridkot, on 23-10-1978. Case remanded.