MANISH SIROHI Vs. MEENAKSHI

JUDGEMENT

(1.) THE fact of the case is that the appellant/husband was the petitioner in the Court below in making an application in the nature of Section 12 of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'act') for the purpose of divorce since immediately after the marriage there was no relationship amongst themselves i. e. the husband and the wife. The respondent/wife filed a written statement also specifically stating under paragraph 17 that she is not inclined to continue marital relationship with her husband.

(2.) INSPLTE of the same, the Court was not pleased to pass decree/order for divorce taking a plea that as per Section 14 of the Act, court cannot 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 from the date of the marriage.

(3.) AGAINST this background an appeal was preferred. In the appeal learned counsel appearing on behalf of the respondent/wife also made the similar submission, as made in the Court below. However, the Court was inclined to know directly from the husband and the wife as to whether any chance of reconciliation is available or they are serious in respect of non-continuation of their marital life.