SHIVKARTHIK G.S Vs. NIL

JUDGEMENT

(1.) The revision petitioners are husband and wife, they had moved the Family Court, Coimbatore, seeking mutual divorce, invoking Sec. 10(A) of the Indian Divorce Act.

(2.) The said OP was filed on 16/4/2025. The learned Family Court has returned the petition on 21/4/2025, stating that the petition filed before completion of two years from the date of separation is not maintainable. According to the petitioners and also as seen from the petition filed under Sec. 10A, the date of separation is 1/1/2025.

(3.) The return of the OP was challenged before this Court in CRP.No.1915 of 2025 and this Court, by order dtd. 29/4/2025, directed the petitioners to represent the papers before the Family Court, Coimbatore. It is thereafter that the petitioners have represented the mutual consent divorce petition. However, by docket order dtd. 10/7/2025, the Family Court, Coimbatore, has held that the mandatory one year period of separation under Sec. 10A(1) of Indian Divorce Act cannot be dispensed with. Aggrieved by the same, the present revision petition has been filed.