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Judgment
4 paragraphs · 193 wordsJayant Banerji, J
This appeal is filed by the petitioners / appellants against the impugned order dated 28.02.2026 by means of which, I.A. No.4 filed by the petitioners/appellants under Section 14 of the Hindu Marriage Act, 1955 (HM Act) seeking leave to present the petition under Section 13B of the HM Act within one year from the date of the marriage has been rejected.
A perusal of the impugned order reflects that the learned Principal Judge, Family Court has considered the decisions of this Court and has observed that in the absence of Rules framed by this Court under the proviso to Section 14(1) of the HM Act, the Court would not have jurisdiction to entertain the application seeking leave to institute the petition within one year from the date of the marriage.
After arguing for some time, learned counsel for the appellants has in all fairness moved a memo for withdrawal of the appeal seeking liberty to file a fresh application. The memo is accepted. The appeal is dismissed as withdrawn. It shall be open to the appellants to move a fresh petition, as advised, in accordance with law.