THE HON’BLE Ms. JUSTICE G. ROHINI CIVIL REVISION PETITION No.73 OF 2011 Dated: 04.02.2011 Between: Palli Venkata Guru Satish … Petitioner And Palli Nagamani … Respondent THE HON’BLE Ms. JUSTICE G. ROHINI CIVIL REVISION PETITION No.73 OF 2011 ORDER : The petitioner herein filed O.P.(SR).No.2807 of 2010 in the Court of the Senior Civil Judge, Narsapur under Sections 13 (1) (ia) and 13 (1) (ii) read with Section 12 (1) (c) of the Hindu Marriage Act, 1955 (for short ‘the Act’) seeking decree of divorce by dissolution and annulment of his marriage with the respondent herein. It is pleaded in the petition that the marriage between the petitioner and the respondent took place on 7.4.2010 and soon after the marriage the respondent had expressed her disinterestedness towards the petitioner and further stated that she had embraced Christianity 10 years ago and that she had no faith in Hindu rites and rituals. It is also pleaded that the marriage was not consummated since the respondent was not willing and stated that the marriage was performed by her parents against her wish. Thus the petitioner sought dissolution and annulment of marriage. However, the petition was returned by the Court below as not maintainable on the ground that it was filed within one year from the date of marriage. Though the petitioner had resubmitted the petition stating that as per Section 12 (2) of the Hindu Marriage Act, the petition for annulment of marriage shall be presented within one year after the discovery of fraud, the Court below by order dated 14.9.2010 rejected the petition holding that the petition for divorce under Section 13 of the Hindu Marriage Act, 1955 should be presented only after one year of the marriage. Aggrieved by the said order dated 14.09.2010 the present Revision Petition is filed. I have heard the learned counsel for the petitioner and perused the material available on record. It is true that Section 14 (1) of the Act provides that no provision for dissolution of a marriage by a decree of divorce shall be presented within one year of marriage. However, apart from seeking dissolution of marriage under Section 13 (1) of the Act, the petitioner has also invoked Section 12 of the Act for annulment of the marriage on the ground that his consent was obtained by fraud as to the circumstance concerning the respondent. It is to be noticed that as per sub-section (2) of Section 12 of the Act the petition for annulment of marriage cannot be entertained if presented more than one year after the force had ceased to operate. Having regard to the time limit prescribed under Section 12 (2) of the Hindu Marriage Act, a petition for annulment of marriage cannot be rejected at the threshold merely on the ground that it was presented within one year from the date of marriage. It is also relevant to note that even as per the proviso to Section 14 of the Act, the Court is empowered to grant permission to present an application for dissolution of marriage within one year from the date of marriage, if it is shown that it is a case of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent. Hence, it cannot be said that there is absolute bar as such for presenting an application within one year from the date of marriage and in appropriate cases it is always open to the Court to grant permission to present a petition for divorce within one year of the marriage. Accordingly the order under Revision is hereby set aside and the Civil Revision Petition is disposed of permitting the petitioner to resubmit O.P.(SR).No.2807 of 2010 along with an application for leave as provided under the proviso to Section 14 (1) of the Act. On such representation, the Court below shall entertain the O.P. and proceed further in accordance with law. However, this shall not preclude the respondent to raise the question of maintainability and if any such objection is raised, the Court below shall pass appropriate orders in accordance with law after hearing both parties. Civil Revision Petition is accordingly disposed of. No costs. _____________ G. ROHINI, J. Dt. 04.02.2011 Note:- CC in one week. (B/O) gbs