D.P.Kundu, J. - (1.) This appeal is arising out of a judgment and decree dated 6.9.1995 and 20.9.1995 respectively passed by the 2nd Additional District Judge at Barasat in Matrimonial Suit No. 33 of 1992 dissolving the marriage between the appellant and respondent.
(2.) The marriage between the appellant (hereinafter referred to as wife) and the respondent (hereinafter referred to as husband) was solemnised on 21.6.1991 according to Hindu rites at Ichapur within the State of West Bengal. After the marriage both the husband and wife resided together at flat No. 5, 37/1, Vivekananda Road, Calcutta-35. The said flat was comprising of two bed rooms, one dining room, one kitchen, two bathrooms and one balcony. On 29.6.1991 both the husband and wife left for Ranchi for 'dwira gaman". Wife's father resides at Ranchi. On 8.7.1991 both the husband and wife returned to Calcutta from Ranchi. On 11.8.1991 the wife left for Ranchi to spend the month of Bhadra with her parents at Ranchi. Thereafter some letters were exchanged between the husband and the wife and also between the father of the husband and father of the wife. It appears that the first letter of the wife dated 17.8.1991 was written to the husband which was received by the husband on 20.8.1991 and thereafter in August, 91 the husband sent a reply to the wife. On 11.9.1991 the wife wrote the second letter and on 29.9.1991 the husband sent the reply of the second letter. On 3.10.1991 wife's father wrote a letter to the father of the husband. On 31.7.1991 husband's father wrote a letter to the wife's father. Details to these letters will be discussed lateron. On 30.11.1991 the husband filed an application under Sections 14(1) and 14(2) of Hindu Marriage Act, 1955. Leave was granted by the Court and the application under Section 13(1)(ia) of the Hindu Marriage Act was filed by the husband. On 23.12.1991 the wife filed an application under Section 125 of Criminal Procedure Code at Ranchi. On 27.1.1992 wife filed a suit under Section 9 of the Hindu Marriage Act, 1955 at Ranchi. On 16.6.1992 wife filed a complaint case under Sections 498-A, 406 of I.P.C. and Sections 3 and 4 of Dowry Prohibition Act, 1961 at Ranchi. On 20.9.1995 decree was passed under Section 13(1)(ia) of Hindu Marriage Act, 1955 dissolving the marriage between the husband and wife.
(3.) Section 14 of the Hindu Marriage Act, 1955 reads as follows: "14. No petition for divorce to be presented within one year of marriage.--(1) Notwithstanding anything contained in this 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 the presentation of the petition one year has elapsed) since the date of the marriage : Provided that the Court may, upon application made to it in accordance with such rules as may be made by the High Court in that behalf, allow a petition to be presented (before one year has elapsed) since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the Court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the Court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the (expiry of the one year) from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after the (expiration of the said one year) upon the same or substantially the same facts as those alleged in support of the petition so dismissed. (2) In disposing of any application under this section for leave to present a petition for divorce before the (expiration of one year) from the date of the marriage, the Court shall have regard to the interests of any children of the marriage and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the (said one year.)";