SHYAMSHRI Vs. SUMANT KUMAR

JUDGEMENT

(1.) Heard Sri Jamal Ahmad Khan, learned counsel for the defendant - appellant/wife and Sri Rajeev Upadhyay, learned counsel for the plaintiff - respondent/husband.

(2.) This First Appeal under Sec. 19 of Family Courts Act, 1984 has been filed praying to set aside the judgment and order dtd. 1/8/2022 in Case No.1542 of 2022 (Sumant Kumar Vs. Smt. Shyamshri) under Sec. 13-B of the Hindu Marriage Act, 1955, passed by the Principal Judge, Family Court, Ghaziabad, whereby joint application 16 Ga 2 filed by the parties for relaxing the period of second motion of six months, has been rejected. Facts

(3.) Briefly stated undisputed facts are that the plaintiff and the defendant were married with each other on 2/12/2014. Some disputes developed between them and they started living separately since 26/12/2017. It also appears that the plaintiff - husband filed a divorce petition No.1248 of 2019 under Sec. 13 of the Hindu Marriage Act, 1955, in the Court of Principal Judge, Family Court, Ghaziabad, which according to both the parties; remained pending. It appears that in the mean time both the parties have agreed to dissolve their marriage with consent. Therefore, they filed a joint divorce petition No.1542 of 2021 (Sumant Kumar Vs. Smt. Shyamshri) under Sec. 13 B of the Act, 1955.