^?^ -1^^ >rt;;^^-^«r^;ri^,^^-.^.^^,,fWffi^&^.^ ... _. „.__.„ c 4 ,P^J BEFORE THE MIGH COURT OF CHHATTISGARH AT BILASPUR FIRSTAPPEAL fMISC.)No. ^° /2010 APPELLANT / APPLICANT v? ^•^'..^ ^•¥ ^•s ^.^- ......^%^5^ w^^^^^""' ^m..^^" :.lli¥teionge!^ Heeralal, S/o Late Duari, Aged about 27 Years Caste Gada , Occuapation Labour R/o Village Aurda, Tehsil & District Raigarh (C.G.) VERSUS RESPONDENT/ NON - APPLICANT Smt. Pushpa @ Shakuntala, D/o Suratiya & W/o Heeralal Aged about 26 years, R/o Village Thakurpali Djstrict Janjgir Champa (C.G.) APPEAL UNDER SECTION 19(1) OF THE FAMILY COURTS ACT 3\ HIGH COURT OF CHHATTISGARH AT_@ILASPUR First Appeal (Misc.) No. 50 of 2010 APPELLANT RESPONDENT Heeralal Versus Smt. Pushpa @ Shakuntala APPEAL UNDER SECTION 19 (1) OF THE FAMILY COURTS ACT. 1984 DB: Hon'ble Shri Justice I.M. Quddusi & Hon'ble Shri Justice N. K. Agarwal. Present : Shri Satyendra Sahu, Advocate for the appellant. ORALORDER (Passedon 22.11.2010) Per: I.M. Quddusi, J. The instant appeal has been preferred by the appellant against the judgment and decree dated 26.03.2010 passed by the Judge, Family Court, Raigarh in Civil Suit No. 16-A/2009 whereby and whereunder the application filed by the appellant for divorce under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act) has been dismissed. The Judge, Family Court has dismissed the petition for divorce under Section 13 of the Act on the ground that the petftion has been ftled before the expiry of one year from the date of marriage without permission of the court in violation of Section 14 of the Act. Marriage was solemnized on 16.04.2008 and the application for divorce was fited on 24.03.2009. Considering the facts and circumstances of the case, we are of the opinion that liberty may be granted to the appellant to file a fresh petition for divorce under Section 13 of the Act. ^. I t ~—-"-:^i ^^/ Sahu 4. In view of above, we allow this appeal in part and set aside the impugned judgment and decree except the finding that the petition was not maintainable as the petition was fited before the expiry of one year from the date of marriage. 5. The appellant is at liberty to file a fresh petition for divorce under Sectton 13 of the Act. No order as to costs. Sd/- LM.Quddusi Judge Sd/- N.K. Agrawal Judge 3^