GAURAV KAPOOR Vs. KOMAL BABBAR

JUDGEMENT

(1.) The petitioners Gaurav Kapoor and Ms.Komal Babbar have filed the present petition under Article 227 of the Constitution of India, inter alia, seeking quashing/setting aside the order dated 25th November, 2013 passed by the learned Additional District Judge, Tis Hazari Courts, Delhi, in HMA No.652/2013.

(2.) The brief facts of the matter are that the marriage of the petitioner No.1 and petitioner No.2 was solemnized on 20th June, 2010. In August, 2012 due to temperamental differences and incompatibility, they stopped living together as husband and wife. In June 2013, the petitioner No.2 returned to her parents' house in New Delhi. In September 2013, the petitioners filed a joint petition for dissolution of marriage by a decree of divorce by mutual consent under Section 13-B(1) of the Hindu Marriage Act, 1956 before the learned District Judge, Tis Hazari Courts.

(3.) On 30th September, 2013, the said petition came up before the learned trial court who observed that as the parties were living separately since June, 2013, therefore, the statutory period of one year of separation has not expired on the date of filing of the petition and would elapse only in June 2014. Therefore, the petition filed by both the petitioners, being HMA 652/2013, was adjourned to 1st July, 2014.