M.G. Mukherjee, J. - (1.) This is a revisional application filed by the husband petitioner impugning an order No. 8 dated 2/2/1994 passed by the learned Additional District Judge. Second Court at Alipore South 24 Parganas (S) in Matrimonial Suit No, 53 of 1993 whereby the learned Trial Judge refused to pass an order straightway on a joint petition filed by both the husband and wife under Order 23 Rule 3 read with Section 13-B of the Hindu Marriage Act praying for dissolution of marriage between the parties on mutual consent. The learned Trial Judge was of the view that a date has to be fixed after six months, from the date of filing of the application since it is a suit for divorce under Section 13(1) (ia) of the Hindu Marriage Act and accordingly fixed 3rd August, 1994 for hearing of the petition and for passing appropriate orders.
(2.) The wife opposite party entered appearance in the matter and submitted inter alia through her learned Advocate that since she was a party to the joint petition filed on 2nd February. 1994, she also wanted a dissolution of the marriage between the parties by a decree of divorce on mutual consent and wanted to have the order impugned dated 2-2-94 as passed by the Trial Judge set aside.
(3.) The husband filed the suit for dissolution of the marriage by a decree of divorce on the ground inter alia of cruelty both physical and mental against the wife and prayed alternatively for declaration of the marriage as a nullity contending inter alia that the essential ceremonies to a valid Hindu Marriage were not performed and that the marriage certificate was illegal, invalid and of no effect. The wife did not initially contest the suit by filing a written statement and ultimately the suit was transferred by the learned District Judge to the Second Court of the Additional District Judge for ex parte disposal. The learned Additional District Judge fixed 7th January, 1994 for ex parte hearing and ultimately on 2nd February, 1994 to which the matter was subsequently adjourned, the wife filed the written statement along with the show-cause petition and here written statement was accepted by the Court on the cause shown being treated as sufficient for non-filing of the written statement earlier. As and when the wife respondent was so permitted to contest the suit, both the parties filed a joint petition under Order 23 Rule 3 of the Code of Civil Procedure read with Section 13-B of the Hindu Marriage Act praying for dissolution of the marriage by a decree for divorce on mutual consent and ultimately the learned Additional District Judge was not pleased to pass any order straightway on the application but fixed 3rd August, 1994 for hearing of the suit petition for appropriate orders.;