A.C.MATHIVANAN Vs. STATE

JUDGEMENT

(1.) The Civil Miscellaneous Appeal is directed against the judgment and decree, dated 05.03.2016, made in H.M.O.P. No.232 of 2015, whereby and whereunder, the Family Court, Tirunelveli, dismissed the petition filed by the appellants for divorce by mutual consent.

(2.) According to the appellants, their marriage was solemnised on 20.05.2013 as per Hindu rites and customs and due to certain misunderstanding, they are living separately from 18.07.2014 onwards. Since they were not able to live jointly as husband and wife and there is no possibility of re-union, with free and mutual consent, a joint petition was filed by them in H.M.O.P. No. 232 of 2015 before the Family Court, Tirunelveli, under Section 13-B of the Hindu Marriage Act, 1955, (hereinafter referred to as the Act) for dissolution of marriage by a decree of divorce.

(3.) Before the Family Court, the appellants were examined as PW1 and PW2 respectively and it has come out in their evidence that their marriage was solemnised on 20.05.2013 and they were living separately from 18.07.2014.