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Bombay High CourtWP/4443/2018disposed offdismissed for default

Madhuri Onkar Puri v. Onkar Bharat Puri

2018-09-27Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.4443 OF 2018 (Madhuri Onkar Puri Vs. Onkar s/o Bharat Puri) Mr.M.R.Andhale, Advocate for the petitioner.

Mr.V.S.Undre, Advocate for the respondent.

( CORAM : Ravindra V.Ghuge, J.) DATE : 27/09/2018 PER COURT :

1.

The petitioner/wife is aggrieved by the order dated 29/11/2017 passed by the Trial Court thereby allowing application Exh.5 filed by the husband in HMP NO.42/2017 and his request of seeking a waiver of the statutory period of one year to present the divorce petition, had been accepted. Consequently, the proceedings lodged on 29/11/2017 were entertained and the waiver of the statutory period was granted with reference to the date of marriage 13/04/2017. 2.

Learned Advocate for the petitioner relies upon the following judgments :- [a] Anil Kumar Jain Vs. Maya Jain [AIR 210 SC 229] [b] Ms.Urvashi Sibal and another Vs. Govt. of NCT of Delhi [AIR 2010 Delhi 157] [c] Sureshta Devi Vs. Om Prakash [AIR 1992 SC 1904] [d] Sharma H.Kasinath Vs. Smt.Shoba [AIR 2010 Karnataka 168] 3.

Learned Advocate for the respondent husband/original applicant khs/SEPT.2018/4443-d

submits that this petition was filed on 07/03/2018 and was heard for the first time on 09/07/2018. This Court permitted the petitioner/wife to seek an adjournment before the Trial Court and as such the proceedings before the Trial Court have been continuously adjourned without any progress.

4.

I find that this petition is rendered infructuous for the reason that the embargo of Section 14 of not presenting a petition for divorce within 1 year of the marriage is no longer applicable as the litigating sides have completed one year of marriage on 30/04/2018. 5 months have passed thereafter and as such the marriage is 1 year and 5 months old. Now there can be no embargo for the Trial Court to adjudicate upon HMP No.42/2017.

5.

Considering the above, this petition is disposed of, as being infructuous.

( Ravindra V.Ghuge, J.) Kranti Hansraj Shekatkar by Kranti Hansraj Shekatkar Date: 2018.09.28 10:33:25 +0530 khs/SEPT.2018/4443-d