A VAIGUNDAMANI Vs. R ANANDHI

JUDGEMENT

(1.) This Civil Revision Petition has been filed seeking a direction to the Principal Sub Court, Nagercoil, to number the unnumbered H.M.O.P.No.--of 2017 and for early disposal of the same.

(2.) The facts of the case are that the parties herein are couples and their marriage was solemnized on 10.09.2017 at Ambujam Kannan Marriage Hall, Koyyanvilai, Kanyakumari District. Due to differences of opinion between them, both are living separately right from October 2017, i.e., within a period of one month from the date of marriage and there are no issues. As all the efforts made by the elders to reunite the couple ended in vein, they had filed a petition under Section 13-B of the Hindu Marriage Act, 1955, in unnumbered H.M.O.P.No.-- of 2017, seeking to dissolve the marriage solemnized between them, along with two applications - one under Section 14(1) of the Hindu Marriage Act, 1955, seeking leave to file the HMOP within the completion of one year; and the other to dispense with the provisions of Section 13B(2) of Hindu Marriage Act, 1955. The said petitions were returned by the Court below, without numbering, since one year period has not yet lapsed. Hence, the parties are before this Court for the aforesaid relief.

(3.) The learned Counsel for the petitioner would strongly contend that the Court below ought to have seen that by consent of both the parties, they had filed the petition seeking divorce, within the period of one year, because they have to move on into their professional as well as personal life.