RAJEEV RANJAN Vs. NOOTAN KUMARI

JUDGEMENT

(1.) Heard learned counsels for the parties.

(2.) I.A. No. 8602 of 2016 was filed for condoning the delay of sixteen days in preferring the present appeal. The delay was condoned vide order dated 5.1.2018.

(3.) Initially, the appellant Rajeev Ranjan alias Rajeev Sharma, the husband of the sole respondent Nootan Kumari, preferred Civil Miscellaneous Case No. 105 of 2016 against the order dated 29.2.2016 passed by the learned Principal Judge, Family Court, Patna in Matrimonial Case No. 576 of 2013 whereby the Matrimonial case filed by the respondent wife under Section 12(i)(a) and (c) of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) for a decree of nullity of marriage was dismissed as withdrawn since the respondent filed withdrawal application with clear stipulation that the matrimonial case was filed under pressure of the appellant. The provision, as quoted in the application has been wrongly quoted and the same is required to be read as Section 12(1)(a) and (c) of the Act. The said Civil Miscellaneous Application was directed to be converted into the present Miscellaneous Appeal vide order dated 4.8.2016 passed by a learned Single bench of this Court.