MANOJ KUMAR SINGH YADAV Vs. SEEMA DEVI

JUDGEMENT

(1.) By means of this appeal filed under Section 19 of the Family Court Act, the appellant husband has challenged the order dated 6.2.2014 passed by the Principal Judge, Family Court, Ghazipur dismissing the application filed by the parties under Section 13-B of the Hindu Marriage Act (for short the 'Act') for dissolution of marriage on the ground that the respondent-wife did not appear on the date fixed to press the application.

(2.) Facts, in brief, necessary for the purpose are as under :

(3.) In pursuance of the interim agreement dated 22.5.2013 and 8.6.2013, both the parties made an application dated 16.7.2013 under Section 13-B(1) of the Act before the District Judge, Ghazipur which was registered as case no. 245/2013 (Smt. Seema Devi vs. Manoj Kumar Singh Yadav) seeking a dissolution of marriage by a decree of divorce by mutual consent. The application was fixed for 6.2.2014 after expiry of six months from the date of presentation in accordance with the provision of Section 13-B(2) of the Act. On the said date, the respondent-wife did not appear and the Family Court vide impugned order dismissed the application on the ground that the applicant Smt. Seema Devi (respondent herein) has not appeared to press the application.