MITALI TYAGI Vs. TUSHAR TYAGI

JUDGEMENT

(1.) The present appeal has been preferred jointly by both wife and the husband, appellant no.1 and 2 respectively, to assail the order dtd. 27/1/2022.

(2.) By the impugned order, the learned Principal Judge, Family Court, North-East, Karkardooma Court had rejected the second motion petition moved by the parties jointly under Sec. 13B (2) on the ground that the statutory period of six months from the date when the first motion was moved, and period of 18 months from the date of separation, has not expired. The impugned order shows that the family court has not considered the provisions of Sec. 14 of the Hindu Marriage Act and has misunderstood the judgment of the Supreme Court in Amit Kumar vs Suman Beniwal, Civil Appeal 7650/2021 decided on 11/12/2021. In Amit Kumar (supra), the Supreme Court had duly considered Amardeep Singh vs Harveen Kaur 2017 (8) SCC 746. Reading of Amit Kumar (supra) shows that the Family Court has not correctly understood the decision in Amardeep Singh (supra).

(3.) In Amit Kumar (supra), the Supreme Court on identical facts, inter alia, has held as under: