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1998 Supreme(Mad) 948

S.S.SUBRAMANI
Indumathi – Appellant
Versus
Krishnamurthy – Respondent


Advocates:
Mr. R. Yashod Vardhan, Advocate for Petitioner. Ms.S. Hemalatha, Advocate for Respondent.

Judgment :

1. This revision petition is filed by respondent in Marriage O.P. No. 146 of 1997, on the file of Family Court at Pondicherry.

2. Petition for divorce under Section 13 (1) (iii) of the Hindu Marriage Act was filed by the husband, hereinafter called the respondent, on 29. 1997. In fact, the marriage between petitioner and respondent took place only on 9. 1997, i.e., within a few days of marriage, petition for divorce was filed. Along with that petition, respondent did not file an application seeking leave of the Court to entertain the application. But, such an application was filed on 10. 1997. In that application under Section 14 (1) of the Hindu Marriage Act, he alleged certain reasons and also mentioned the hardship and injury which he will suffer if he has to wait for a period of one year from the date of marriage. Both the main petition for divorce as well as the I.A. for exemption under Section 14(1) of the Act were numbered and summons were also issued to the petitioner by order of Court on 210. 1997.

3. In this revision, petitioner challenges the procedure followed by the Family Court in issuing summons when the application under Section 14(1) of the Act was no







































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