SHALINI MASSEY Vs. NEERAJ SAMUEL DASS

JUDGEMENT

(1.) Heard Sri Vashishtha Narayan Tripathi, learned counsel for the appellant.

(2.) This appeal is directed against the judgement and order dated 11.10.2019 passed by the Principal Judge, Family Court, Court No. 2, Kanpur Nagar in Case No. 1973 of 2019 (Shalini Massey Vs. Neeraj Samuel Dass) under Section 10A of the Divorce Act, 1869 (hereinafter referred to as the 'Act'), by which application 6-1 jointly moved by the defendant/appellant and the plaintiff/respondent before him with a prayer for waiving the cooling off period of six months stipulated u/s 10A of the Act, has been rejected.

(3.) From perusal of the averments made in the affidavit accompanying the stay application filed in this appeal, it transpires that both the parties are Christians. The marriage between the defendant/appellant and the plaintiff/respondent was solemnized on 25.4.2015. However, due to consistent matrimonial disharmony, both the parties started living separately from 17.07.2017 onwards and after having lived separately as such for continuous two years, the defendant/appellant and plaintiff/respondent filed a petition for dissolution of their marriage on the basis of mutual consent under Section 10A of the Act before the Principal Judge, Family Court, Kanpur Nagar on 30.8.2019, which was registered as Petition No. 1973 of 2019. The parties moved a joint application 6-1 before the Principal Judge, Family Court, Kanpur Nagar with a prayer for waiving six months bar for making second move for divorce u/s contained in sub-section (2) of Section 10A of the Act which provides that second motion cannot be made before six months of the first motion.