ARATHI Vs. STATE

JUDGEMENT

(1.) the appellants presented a petition before the family court under Section 13-b of the hindu marriage Act, 1955 ('act' for short) seeking divorce.

(2.) the provisions of Section 13-b are set out below:"13-b: divorce by mutual consent,

(3.) the family court while considering the provisions of Section 19 of the ACT has held that though appellant 1 resided within the jurisdiction of the court, to give jurisdiction to the court in terms of Section 19(ii), there must be necessarily a respondent in the petition and since the petition was presented jointly by the appellants in terms of Section 13-b of the Act, there was no respondent in the petition and hence the provisions of Section 19(ii) are not applicable to the facts of the case.