Ram Kumar v. Kamla Dutta .

1. The petitioner's grievance is that the court below is insisting on him to file objections without first trying for reconciliation, as it should have. For this he relies upon Section 23(2) of the Hindu Marriage Act. This sub-section fell for consideration in Chhote Lal v. Kamla Devi, AIR 1967 Pat 269. The court observed:

“The important words in sub-section (2) are that it shall be the “duty of the Court” in the first instance in every case where it is possible to do so, “to make every endeavour” to bring about a reconciliation between the parties. In my judgment, the law enjoins upon the Court to make a sincere effort, at reconciliation before proceeding to deal with the case in the usual course.”

I am in respectful agreement with these observations. In this view I agree with the contention of the petitioner that the lower court should have tried for reconciliation before asking him to file the objections. The order to the contrary made by the lower court is clearly erroneous, and must be set aside. So also the order dated 19-11-1979, whereby costs were imposed upon the petitioner for non-filing of the objections.

2. The result, therefore, is that this revision petition succeeds and is allowed. The impugned orders dated 8-11-1979 and 19-11-1979 are set aside and the lower court is directed to make a fresh order in accordance with law keeping in view the observations made above.

Petition allowed.