SWEETY R M Vs. SUNIL KUMAR

JUDGEMENT

(1.) EVEN though this matter is listed for preliminary hearing, with consent it is taken up for final disposal. This petition is filed questioning the order passed by the principal Family Court Judge in MC No. 508/2007 dismissing the application filed jointly by both the petitioner and respondent under sec. 14 (1) of the Hindu Marriage Act (for short 'the Act') seeking exemption in filing the consent petition under Sec. 13 B of the Act within one year of the marriage.

(2.) SMT Sweety E M w/o Sri Sunil Kumar K B and Sri Sunil kumar K B filed a petition under Sec. 13-B of the Actr/w Sec. 7 of the Family Court's Act 1984 seeking dissolution of their marriage by mutual consent. Since the petition was filed prior to the expiry of one year from the date of the marriage i. e. , 31-10-2006, both the petitioner and respondents filed an application under Sec. 14 (1) of the Act to exempt passage of one year for filing the mutual consent petition. The learned Judge rejected the said application.

(3.) THE relevant portion of Sec. 14 (1) reads as under: