Shivakant Prasad, J. - (1.) IN this appeal the judgment and order passed by the learned Additional District & Sessions Judge, Kakdwip, 24 Parganas (S) dated 5th September, 2013 in Matrimonial Suit No. 7 of 2013 [Re: Sri Anupam Majhi v. Smt. Minu Majhi (Halder)] has been assailed inter alia, on the grounds that the learned Trial Court has erred in law as well as in fact, inasmuch as it has been ventilated through written statements and depositions by the parties that the marriage has been broken down completely and irretrievably and there is no scope of reconciliation between the parties and as it is settled principle that in such circumstances, the Courts should convert an application under Section 13(1) Hindu Marriage Act, 1955 to one under Section 13(B) Hindu Marriage Act, 1955. Accordingly, the appellant has prayed for setting aside the judgment and the order as bad in law and in fact.
(2.) THE brief facts leading to the instant case is that the petitioner and the respondent are the husband and wife and their marriage was solemnized on 27.02.2013 as per Hindu Rites and Customs at the father's house of respondent at Village - Bamanagar under P.S. Kakdwip, District -24 Parganas (South) within the jurisdiction of the learned Trial Court. It is contended that due to sudden illness of the respondent, the petitioner took her to Dr. B.K. Roy, M.O. Kakdwip Sub Divisional Hospital on 30th May, 2013 for her treatment and during the period of treatment the said doctor informed the petitioner that the respondent was pregnant carrying a single living foetus in her uterus and maternity of the said foetus is 19 weeks 1 day and after receiving U.S.G. report, prepared by Vivekananda Scientific Centre of Kakdwip on 02.06.2013, petitioner had taken steps for further ultrasonography examination of the respondent at 'EKO X -ray and Imaging Institute at Kolkata' and on receiving the report on 08.06.2013 came to know that the respondent is carrying a single viable foetus of 21 weeks 3 days.
(3.) ACCORDING to the petitioner the age of conjugal life between the parties was 14 weeks 4 days only as on 08.06.2013 but it was unfortunate to the petitioner that the respondent was carrying on 21 weeks 3 days as on 08.06.2013. So it was proved by medical report that at the time of marriage, respondent was an expectant mother.;