(1.) The petitioner/estranged wife of the respondent filed this revision seeking a direction to the Principal Family Court, Chennai to number the unnumbered I.A. in O.P.No.2148 of 2023 filed under Sec. 13-B of the Hindu Marriage Act seeking divorce by mutual consent.
(2.) The contention of the petitioner is that the marriage between the petitioner and respondent was solemnised on 23/6/2016 at Sri Kuchalambal Kalyana Mahal, Chetpet, Chennai according to Hindu rites and customs. The marriage registered as S.No.257 of 2016 at SRO, Periamet on the same day. After the marriage, they lived in USA. They last resided together in Washington State, USA. During the course of their marriage life they had some differences. They tried their best to workout and resolve the issue. The advice and efforts taken by the elders and well-wishers to reconcile the dispute failed. Thereafter both acknowledged that divorce was not because of any specific fault on either side but it became evident that they were incompatible and the differences were irreconcilable. Thus, it was not possible to save the marriage. They were not able to live together as spouses anymore and their marriage broken down. The petitioner and respondent got separated amicably and living separately since 1/8/2021. Since the marriage has irretrievably broken down and it is no longer conducive to retain any matrimonial relationship, both the petitioner and respondent agreed to amicably dissolve their marriage through mutual consent, with following terms:
(3.) The petitioner came down from USA to Chennai to file the mutual consent divorce petition. Since the respondent could not travel to India due to visa renewal issues, he filed a petition to be represented by his power agent, his father Mr.Ramkumar and also filed a petition to appear before the Family Court through video-conferencing. The petitioner had no objection for the respondent appearing through video conferencing and being represented by a power agent, his father. Hence, sought for a decree and judgment to dissolve the marriage solemnised between the petitioner and respondent on 23/6/2016 at Sri Kuchalambal Kalyana Mahal, Chetpet, Chennai and registered as S.No.257 of 2016 at SRO, Periamet.