ANJALI KOUL Vs. SANJAY KOUL

JUDGEMENT

(1.) THIS civil revision is directed against the order of the Additional District Judge (Matrimonial Cases) Jammu, dated 28.5.2004 by which, holding that application filed by the respondent seeking permission to present petition for divorce in terms of proviso to Section 16 of the Hindu Marriage Act, 1980, had become infructuous with the passage of time, the learned Judge directed the petition (for divorce) to be registered.

(2.) SECTION 16 of the Hindu Marriage Act provides that notwithstanding anything contained in the Act, it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce unless at the date of presentation of the petition one year has elapsed since the date of marriage. In terms of proviso, the court may, in accordance with such rules as may be made by the High Court, allow a petition to be presented before lapse of one year on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent.

(3.) THE submission of the learned counsel, in my opinion, is purely academic.