RISHU AGGARWAL Vs. MOHIT GOYAL

JUDGEMENT

(1.) The appellant/ petitioner no. 1/ wife has preferred the present appeal under Sec. 19 of Family Courts Act, 1984 to quash and set aside the judgment dtd. 16/10/2021, passed by learned Principal Judge, Family Court, North District, Rohini Courts, Delhi in HMA No. 1187 of 2021 titled as Rishu Aggarwal and Mohit Goyal. The Family Court dismissed the divorce petition by the impugned judgment, which was preferred by the appellant/ petitioner no. 1/ wife and respondent/ petitioner no. 2/ husband under Sec. 13B of HMA 1955 (hereinafter referred to as the Act) for dissolution of marriage by a decree of divorce by mutual consent. The Family Court dismissed the application under Sec. 14 of the Act and, consequently, the petition as well, as it was filed before the expiry of one year from the date of marriage.

(2.) The marriage between the appellant and the respondent was solemnized on 4/4/2021 as per the Hindu rites and ceremonies at Ram Nagar, Uttarakhand. The appellant, after marriage, shifted to the matrimonial home of the respondent at Faridabad, Haryana.

(3.) Soon after the marriage, marital differences cropped up between the parties, and from 14/4/2021 onwards, they started living separately albeit in the same house. On 29/7/2021, the appellant left her matrimonial home and went to her parental house at Rohini, Delhi. The appellant and respondent hardly lived together as husband and wife, and no child has been born out of the wedlock.