RASHMI SHARMA Vs. NIL

JUDGEMENT

(1.) The appellants have preferred this appeal aggrieved by the order of rejection of their petition filed under Section 13B of the Hindu Marriage Act, 1955, passed in M.C.No.1626/2014 dated 13.10.2014 by the V Addl. Prl. Judge, Family Court, Bangalore.

(2.) As per the facts displayed, the appellants being Hindus are married as per Arya Samaj rites and customs at Bangalore on 27.11.2005. Due to differences that arose between them, they led separate lives for last eight years, though they are living under the same roof. They decided to seek mutual divorce of their marriage and filed a petition under Section 13B of the Hindu Marriage Act (hereinafter referred to as 'the Act' for short) on 11.4.2014 before the Family Court, Bangalore. After the waiting period of six months, they appeared before the court on 13.10.2014, but the learned Judge dismissed their petition by observing that there is no cause of action. They have no children from the marriage. They have no claims against each other.

(3.) Sri.Suresh Lokre, learned Counsel appearing for the appellants submits that the trial court without ascertaining the facts from the appellants, dismissed the petition in a stroke. It is the case of the petitioners that, even on the day of filing the petition under Section 13B of the Act, they were residing under same roof. But the trial court could not have drawn inference that residing under same roof is leading marital life together. The impugned order passed without giving opportunity to the appellants has resulted in great agony and hardship for the appellants since their marriage is broken long back and they want to separate peacefully from each other.