GIJOOSH GOPI Vs. SRUTHI

JUDGEMENT

(1.) The marriage between the petitioner and the respondent was solemnized on 24-4-2012. The parties are Hindus. On the date of marriage itself, they realized that they could not continue the marital relationship. The respondent ,ex-. pressed the view that she was not willing for the marriage and she wanted to marry another man. She also stated that she agreed for the marriage only due to the compulsion on the part of her parents. The marriage was not consummated. Mediators intervened. On 31-5-2012, an agreement was executed between the parties in the presence of the representatives of SNDP Sakhas in which the parties are members. On the same day, viz., 31-5-2012, the parties filed a petition under Section 13B of the Hindu Marriage Act, 1955 (for short, 'the Act') before the Family Court, Alappuzha. Since the application was filed before the expiry of the period of one year from the date of marriage, they filed an application under the proviso to Section 14 of the Act to allow them to present the petition under Section 13B before the expiry of one year since the date of marriage. In the affidavit, the facts and circumstances were explained in detail. It was also stated that exceptional hardship would be caused to the parties, if the petition was not entertained.

(2.) The Court below dismissed the application for leave to present the petition before the expiry of one year of the date of marriage, by the order impugned in this Original Petition (FC). The Family Court held that no exceptional circumstances were made out for granting leave as prayed for by the parties.

(3.) Section 13B of the Act was inseted by the Marriage Laws (Amendment) Act, 1976 (Act 68 of 1976). Sub-section (1) of Section 13B reads as follows :