NUPUR GARG Vs. DWARKESH AHUJA

JUDGEMENT

(1.) The present appeal has been filed under Sec. 19 of the Family Court Act, 1984 read with Sec. 28 of the Hindu Marriage Act, 1955 ("HMA") against the Order dtd. 9/12/2025 passed by the learned Judge, Family Court-02, South District, Saket Courts, Delhi ("Family Court") in HMA No. 1821 of 2025, whereby the appellant's application under Sec. 14 HMA seeking leave to present a joint petition for divorce by mutual consent under Sec. 13-B (1) HMA prior to expiry of one year from the date of marriage, was dismissed, and consequentially, the main petition was also held to be not maintainable.

(2.) The marriage between the parties was solemnized on 30/3/2025 at Arya Samaj Mandir, Khirki Village, New Delhi. Subsequently, the marriage was registered on 2/4/2025 before the Office of the District Magistrate, South, New Delhi. It is an admitted position that the parties never cohabited even for a single day, the marriage was never consummated, and immediately after the marriage, both parties continued to reside separately at their respective parental homes.

(3.) Thereafter, owing to irreconcilable differences and complete incompatibility discovered immediately after marriage, the parties jointly decided to seek dissolution of marriage by mutual consent.