KANHAIYA KANAUJIYA Vs. TARA DEVI

JUDGEMENT

(1.) This appeal under Sec. 19 of the Family Courts Act, 1984 has been filed praying to set aside the judgment and order dtd. 27/7/2022 in Case No.597 of 2021 (Kanhaiya Kanaujiya vs. Tara Devi), under Sec. 13-B of Hindu Marriage Act, passed by the Additional Principal Judge, Family Court No.3, Varanasi, whereby the Application (9C) dtd. 10/5/2022, filed by the appellant-husband and the divorce petition filed on 22/3/2021, have been dismissed.

(2.) Briefly stated facts of the present case are that the appellant-husband has allegedly filed a joint petition with the defendant-respondent, under Sec. 13-B(1) of the Hindu Marriage Act, 1955 (hereinafter referred to as the "Act, 1955") on 22/3/2021 which was registered as Case No.597 of 2021. The defendant-wife never appeared in the aforesaid case. Subsequently, on 10/5/2022, appellant-husband filed an application (9C). In paragraph no. 7 of the affidavit, accompanying the appeal, the appellant has stated as under:-

(3.) Perusal of Annexure-2 to the aforesaid affidavit shows that it is a notarized compromise dated 19/22/3/2021, allegedly entered by the appellant and the respondent herein. The application (9C) has not been filed. As per own admitted case of the appellant, he alone has filed an application (9C). Thus, the application (9C) cannot be presumed to be a second motion jointly by the parties as per provisions of Sec. 13-B (2) of the Act, 1955. Under the circumstances, dismissal of the application (9C) and the petition under Sec. 13-B of the Act, 1955 by the impugned judgment and order dtd. 27/7/2022, cannot be said to suffer from any illegality.