SMT. SANDHYA SEN Vs. SANJAY SEN

JUDGEMENT

(1.) Heard.

(2.) This is an appeal challenging the decree of judicial separation passed by the trial Court in Civil Suit No.198/2018 vide judgment dtd. 12/12/2018 in the proceedings for grant of mutual divorce under Sec. 13-B of the Hindu Marriage Act, 1955 ( in short "the Act, 1955").

(3.) The parties were married at Durg on 20/2/2017. However, they remained together only for 2 days and thereafter, have never lived as husband and wife. After one year of the marriage, they preferred a joint application dtd. 13/3/2018 for divorce by mutual consent. The application was signed, verified and supported by both the parties by filing their respective affidavits. They were examined before the trial Court after completion of 6 months cooling off period. In their deposition also, they stood by their decision to seek divorce by mutual consent, however, the trial Court has refused to pass a decree of divorce by mutual consent and has instead passed a decree for judicial separation for a period of one year.