VINAY KUMAR SRIVASTAVA Vs. SMT. AMITA SRIVASTAVA

JUDGEMENT

(1.) Instant First Appeal is directed against the Judgment and Decree dtd. 27/11/2020 passed by the Principal Judge, Family Court, Allahabad in Matrimonial Case No. 1186 of 2018 (Vinay Kumar Srivastava Vs. Smt. Amita Srivastava) under Sec. 13B of the Hindu Marriage Act, 1955 ("Act,1955"), on withdrawal of consent unilaterally by the respondent-wife when the matter came up for second motion after expiry of the cooling period for passing decree of divorce for compliance of the mandate of sub-sec. (2) of Sec.13B of the Act,1955.

(2.) Brief facts of the case are that marriage of the appellant along with respondent was solemnized on 1/12/1991 according to Hindu rites and customs but on account of matrimonial differences between them, at one stage they took decision to obtain decree of divorce by mutual consent and that resulted into filing of a joint application seeking decree of divorce by mutual consent u/S.13B of the Act,1955 on 27/7/2018.

(3.) The Family Judge took note of the contents of the application that they are living separately for a period of more than five years and have not been able to live together. Taking note of the contents of the application for withdrawal of consent duly supported with affidavit, the Family Judge dismissed the joint application filed by the parties seeking decree of divorce by mutual consent under its order impugned dtd. 27/11/2020 which is subject matter of challenge in the instant First Appeal.