Court No. - 7 Case :- CIVIL REVISION No. - 551 of 2009 Petitioner :- Ram Babu Nishad Respondent :- Neetu & Another Petitioner Counsel :- Saket Jaiswal Hon'ble Ran Vijai Singh,J.
Through this writ petition quashing of order dated 14.09.2009 has been sought
for by which the petitioner’s application 20 Ga-2 for dismissing the suit as not
maintainable being premature has been rejected by the court below in original
suit no. 77 of 2008 (Neetu and another vs Ram Babu Nishad).
It appears that petitioner is already married with respondent no.2 and
concealing this fact has solemnised marriage with respondent no.1 on
10.12.2006. This marriage was registered on 12.1.2007. After coming to
know this fact the respondent no.1 has filed original suit no. 77 of 2008 for
declaring the marriage void. The present petitioner has filed with an
application before the court below stating therein that the suit is premature as
it was instituted before expiry of one year, in view of Section 12 (2) of the
Hindu Marriage Act. Learned Judge dealing with the matter has rejected the
application with the observations that the provisions of Section 12 (2) of the
aforesaid Act are not attracted under the facts and circumstances of the
present case as the declaration of marriage as void has been sought for.
From the perusal of the Sub Section 2 of Section 12 it transpires that it relates
to voidable marriage and not void marriage. The present case is covered under
Section 5 (1) of the Hindu Marriage Act therefore provisions of Sub Section
(2) of Section 12 are not attracted. The revision lacks merit and it is
dismissed.
Order Date :- 3.2.2010
PKB