High Court Punjab-Haryana High Court

Deepti Kapoor vs Unknown on 25 August, 2009

Punjab-Haryana High Court
Deepti Kapoor vs Unknown on 25 August, 2009
       IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH

                         Civil Revision No.2100 of 2009 (O&M)

                         Date of Decision 25.08.2009

Deepti Kapoor
                                                   ...... Petitioner No.1

                         VERSUS

Dharmesh Piplani

                                                   ......Petitioner No.2

CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL

Present:     Mr.I.P.S.Kohli, and Mrs.Archana Sharma, Advocates,
             for the petitioners.

                         *****

A.N.JINDAL, J(ORAL):

This petition is directed against the order dated 03.01.2009,
passed by Additional Sessions Judge, Chandigarh, whereby the petition
alongwith application for leave to file the present petition for divorce before
the statutory period of one year of marriage has been dismissed.

Heard. The Additional District Judge, Chandigarh without
deciding the application dated 17.12.2008, citing the judgment that statutory
period of limitation as provided under Section 13-B of the Hindu Marriage
Act could be condoned, has refused to entertain the petition.

Hence, this revision petition is accepted and the impugned
order is set aside. The case is remitted back to the Additional District
Judge, Chandigarh to decide the aforesaid application.

(A.N.Jindal)
Judge
25.08.2009
mamta-II