Soumen Sen - (1.) THE order of the trial Judge in allowing the application under Section 14 of the Hindu Marriage Act, 1955 filed by the opposite party is the subject matter of challenge in this revisional application.
(2.) THE opposite party-husband filed a suit for divorce against the petitioner-wife under Section 13(i) and 13(ia) of the Hindu Marriage Act, 1955 on 2nd May, 2011. THE order of the trial Court shows that vide order no. 1 dated 2nd May, 2011 the suit has been registered and 6th July, 2011 was fixed for ascertaining the service of summons. However, no order was passed in relation to the application filed under Section 14 of the Hindu Marriage Act, 1955. On 6th July, 2011 the wife appeared and prayed for time to file written statement and pursuant thereto 9th August, 2011 was fixed for appearance. On 9th August, 2011, the husband filed a firisthi showing service of a copy of petition under Section 14 of the Hindu Marriage Act, 1955 and on the self-same date, the wife filed a petition under Section 24 of the Hindu Marriage Act claiming alimony pendente lite. THE wife also filed a petition under Section 151 of the Code of Civil Procedure praying for stay of the suit till the disposal of the petition under Section 14 of the Hindu Marriage Act. THEreafter directions were given for filing objections in relation to the petition under Section 14 of the Hindu Marriage Act. After completion of affidavits, it appears that on 9th August, 2011, the wife filed a petition under Section 151 of the Code of Civil Procedure questioning the maintainability of the application under Section 14 of the Hindu Marriage Act, 1955. The application filed under Section 14 of the Hindu Marriage Act and the petition under Section 151 of the Code of Civil Procedure questioning the maintainability of the said petition were taken up together and disposed of by the impugned order dated 9th December 2011 by allowing the said petition filed under Section 14 of the Hindu Marriage Act. The principal objection with regard to the maintainability of the application under Section 14 of the Hindu Marriage Act was that such petition was filed before one year has elapsed since the date of the marriage without obtaining prior leave of the Court and in any event the husband has failed to establish any exceptional hardship or exceptional depravity entitling him to file such a divorce petition prior to expiry of the period of one year from the date of marriage. In order to appreciate such objection, it is necessary to narrate some of the relevant facts.
(3.) THE marriage was solemnised on 2nd June, 2010. THE husband contended that soon after the marriage trouble started. THE wife started misbehaving with the opposite party and relatives of the opposite party and also refused to cohabit with the opposite party during the honey moon. THE wife is having hyper thyroid which was not revealed prior to marriage and she is also having illicit relationship and she continued with such relationship. THE husband expressed apprehension about his security and claimed that living with her would be dangerous and might cause serious injury and harm. THE wife left the matrimonial home after a month of marriage resulting in cruelty upon the opposite party. She misbehaved with the parents of the opposite party. Such acts of cruelty coupled with other facts resulted in a situation where it is not possible and desirable to continue such matrimonial life. Such and other facts have been narrated in detail in paragraphs '4' to '10' of the said application. THE suit for divorce and the application under Section 14 of the Hindu Marriage Act were filed on the same date that is on 2nd May, 2011. THE said application under Section 14 of the Hindu Marriage Act is short by 30 days since the time of one year would expire on 1st June, 2011. The petitioner contends that the facts narrated in detail in the application under Section 14 of the Hindu Marriage Act brings the case of the petitioner within the exception contemplated in the proviso to Section 14 of the said Act. The learned counsel appearing for the petitioner argued that although the suit and the said application under Section 14 of the Hindu Marriage Act, 1955 was filed on the same date, but no order was passed on the application for leave under Section 14 of the Hindu Marriage Act and for that reason the suit should be dismissed. It is submitted that the said suit was filed prior to expiry of the statutory period and the same is premature and accordingly the Court has no jurisdiction to entertain such an application under Section 14 of the Hindu Marriage Act.;