E M SWEETY Vs. K B 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 Act r/w Sec.7 of the Family Courts 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 affidavits filed before the trial court as well as before this court to my mind give sufficient indication of irreconcilable differences between the parties. Indeed the marriage between the petitioner and the respondent was an arranged marriage. But that by itself cannot be a ground for not granting the exemption to the parties under Sec.14 of the Act. THE petitioner has very clearly stated in her affidavit that she is not willing to join her husband who is permanently staying abroad. It is also to be noticed that the petitioner is aged about 25 years and the respondent is aged 33 years. Both the parties are sufficiently grown and they know their responsibilities. When they are not willing to stay together, there is no reason as to why they should not be relieved from the matrimonial bondage.