IN THE HIGH COURT OF JUDICATURE AT PATNA C. REV. No.1 of 2007 PANKAJ KUMAR SINGH, SON OF LATE NAND KUMAR SINGH, RESIDENT OF VILLAGE – MANSERPUR, PERGANA SAJIDPUR, P.S. BALLIA, DISTRICT – BEGUSARAI. …… PETITIONER. Versus 1. RAJNISH KUMAR @ PAPPU KUMAR, S/O SRI BAL VINOD PRASAD SINGH, RESIDENT OF VILLAGE – NAYAGAON, P.S. PARBATTA, DISTRICT – KHAGARIA AT PRESENT R.K. DISTRIBUTORS, DAKBANGLOW ROAD, P.S. TOWN DISTRICT – BEGUSARAI. 2. KISHORI KUMARI @ MITHU, D/O SHIVA KUMAR CHAUDHARY. 3. SHIVA KUMAR CHAUDHARY, S/O LATE SIYA SARAN CHAUDHARY. BOTH RESIDENTS OF VILLAGE – RASHIDPUR, PERGANA NAIPUR, P.S. BACHHWARA, S.D. TEGHRA, DISTRICT – BEGUSARAI, AT PRESENT STATION ROAD, GACHHI MOHALLA BEGUSARAI, P.S. NAGAR, DISTRICT – BEGUSARAI. ……….. OPPOSITE PARTIES. ----------- 08/ 10.12.2010 This application was filed by the petitioner of Matrimonial Case No. 34 of 2006 (Divorce) for reviewing the order dated 21.11.2006 passed in Civil Revision No. 1895 of 2006. Civil Revision No. 1895 of 2006 has been filed against the order dated 17.10.2006 passed by the Principal Judge, Family Court, Begusarai in Matrimonial Case No. 34 of 2006. This matrimonial case has been filed under the special provision of the Hindu Marriage Act under Rules 214 (10) of the Civil Court Rules. In case any divorce case is filed within one year’s statutory period of the marriage then as provided under Rule 214(10) of the Civil Court Rules a leave has to be taken from the court and for that evidence on affidavit has to be brought before the court by the 2 applicant. Civil Revision was allowed by order dated 21.11.2006 holding that the legal requirement for sanctioning leave, for filing a case for dissolution of marriage is exceptional circumstance, since not fulfilled by the application, the impugned order was bad. Matrimonial case had been filed in the year, 2006, within one year of the marriage, as such sanction of leave was essential. Now we are in the year, 2010 and much time has expired in between the marriage, solemnized in the year, 2006. Now otherwise also, the applicant of matrimonial case is entitled for presenting his application before the court for divorce, on the same grounds as mentioned in Matrimonial Case No. 34 of 2006. The Principal Judge, Family Court, Begusarai, will allow the applicant of Matrimonial Case No. 34 of 2006 to receive his application for re-presenting it before the court, as provided under Hindu Marriage Act for dissolution of marriage. Now, so far special provision is concerned, that period has already elapsed and there is no bar, in filing of matrimonial case. Application filed by the applicant is directed to be handed over to him for its presentation before the Family Court and the concerned 3 court will proceed, in accordance with law. This review application is disposed of. DKS/ (Mridula Mishra, J.)