GUDIYA NAGESH Vs. NIL.

JUDGEMENT

(1.) Invoking the jurisdiction of this Court under Sec. 19(1) of the Family Courts Act, 1984, the appellants herein i.e. wife & husband have preferred this appeal questioning legality, validity and correctness of the impugned judgment & decree dtd. 12/8/2025 passed by the Judge, Family Court, Bastar at Jagdalpur in Civil Suit No.11A/2025, by which their application for dissolution of marriage filed under Sec. 13B of the Hindu Marriage Act, 1955 (for short, 'the Act of 1955') seeking divorce on the basis of mutual consent, has been rejected finding no merit.

(2.) The aforesaid challenge has been made on the following factual backdrop: -

(3.) Mr. Ishan Verma, learned counsel appearing on behalf of the appellants herein/wife & husband, would submit that once the parties, particularly appellant No.2 herein/husband, have stated that they are following the Hindu customs and traditions and their marriage was solemnized according to the Hindu rites and rituals including performance of saptpadi, therefore, they have become Hinduised, it was not open to the Family Court to suo motu reject the application holding that by virtue of Sec. 2(2) of the Act of 1955, the provision relating to mutual divorce as contained in Sec. 13B of the Act of 1955 would not be applicable and as such, the impugned judgment & decree deserve to be set aside.