SRI CHARAN S Vs. NIL

JUDGEMENT

(1.) Heard learned counsel for the petitioners.

(2.) Petitioners state that they are husband and wife respectively, who were married as per Hindu rites and customs on 21.08.2016 at BEML Kalyana Mandira, Bengaluru--560 075. According to the petitioners, their marriage has not been consummated and they have severed their marital status and ties from the very day of their marriage on account of incompatibility. The petitioners ultimately filed a petition seeking divorce by mutual consent under section 13(B) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'Act' for the sake of convenience) in MC No.3931/2018. Along with the said petition, they filed an application under section 138(2) of the Hindu Marriage Act, 1955 read with section 151 of the Code of Civil Procedure, 1908 seeking to dispense with the statutory waiting period of six months and to order for dissolution of their marriage by a decree to be passed under Sec. 13B of the Act. The IV Additional Principal Judge, Family Court, Bengaluru, by order dated 25.08.2018 has however rejected the said application. Being aggrieved by the said order, the petitioners have filed this writ petition.

(3.) I have heard learned counsel for the petitioners.