IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.520 of 2010 PANKAJ KUMAR @ GANESH SON OF SMT. SAROJ DEVI WIFE RADHEY SHYAM PRASAD, R/O MOHALLA, AGA HUSSAIN KA CHAURAHA, NAYA TOLA, P.S. CHOWK, DISTT, PATNA……………………………..APPELLANT Versus ANITA DEVI D/O SHRI LALJI RAM, SO CALLED W/O PANKAJ KUMAR & GANESH RESIDENT OF MOHALLA KAIMASIKOH P.S. CHOWK, PATNA………………………………………………OPP. PARTY/RESPONDENT ----------- 04. 22-07-2010 Heard learned counsel for the appellant in respect of limitation petition in I.A. No. 5512 of 2010 as well as on merits. We have resorted to this process only to avoid any unnecessary expense and trouble to the wife of the appellant, the respondent who appears to have filed a case under Section 498A of the IPC against the appellant. The delay is of only 45 days and we would have issued notice for condoning the said delay if we had found any merit in this appeal. However, after perusing the judgment and order under appeal dated 8th March 2010 passed by learned Principal Judge, Family Court, Patna in Matrimonial Case No. 167 of 2005 which was preferred by the appellant, it is found that the judgment and order rejecting the appellant’s prayer for declaring the marriage annulled on the ground that marriage was performed by force, suffers from no legal or 2 factual infirmity. The bar of one year for presenting a petition for annulling the marriage on the ground that marriage was performed by force or fraud has been considered properly by the learned court below and the learned Principal Judge rightly held that after two years of the marriage the petition for annulment of the same was filed only after a case for offence under Section 498A of the IPC has been lodged by the wife. The application for annulment of marriage was clearly found beyond permissible time and therefore was rightly dismissed. We find no good reason to cause unnecessary harassment to the respondent by issuing the notice in the limitation matter because on merits itself we find no ground to interfere with the impugned order. This appeal is, therefore, dismissed. Perwez (Shiva Kirti Singh, J.) ( Birendra Prasad Verma, J)