THE HONOURABLE SRI JUSTICE GHULAM MOHAMMED C.R.P.No.4320 of 2009 ORDER: The respondent herein filed O.P.No.831 of 2008 on the file of the Judge, Additional Family Court, Visakhapatnam, under Section 11 of the Hindu Marriage Act, 1955 (for short ‘the Act’), against the petitioner herein for declaration of marriage, dated 28.04.2006, between them, as null and void. The petitioner filed I.A.No.412 of 2009 in O.P.No.831 of 2008 seeking to frame preliminary issue as to whether the O.P. is time barred by limitation. The Court below dismissed the same on 21.08.2009 with costs of Rs.100/-. Aggrieved by the same, the petitioner filed this civil revision petition. 2. Heard the learned counsel for the petitioner and the learned counsel for the respondent. 3. Learned counsel for the petitioner contended that the respondent instead of filing OP for divorce, filed the above O.P. for nullity of marriage. 4. Learned counsel for the respondent contended that as the petitioner had forcibly married the respondent by taking her to the Temple in Scorpio, she filed a criminal complaint against him and that the Court below has not committed any error in dismissing the petition. 5. Section 14 of the Act clearly states that a petition for dissolution of a marriage by a decree of divorce cannot be filed within one year of marriage. In the instant case, the marriage was consummated on 28.04.2006 between the petitioner and the respondent, whereas the respondent filed the above O.P. for nullity of marriage in the year 2008. Since she filed the said O.P. after one year of her marriage, the question of framing a preliminary issue whether O.P. is time barred by limitation does not arise. Whether the marriage was consummated by force or not, and other factual matters have to be established during the course of trial. Therefore, I find no illegality or irregularity in the order impugned warranting interference by this Court. 6. Accordingly, the Civil Revision Petition is dismissed. No order as to costs. _____________________________ GHULAM MOHAMMED, J Date:01.04.2010. sj