IN RE: SWATI AND ORS. Vs. STATE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard the learned counsel for petitioners.

(2.) The petitioners are before this court aggrieved by order dated 8th April, 2015 passed by learned Civil Judge, Senior Division, Jalgaon, in Hindu Marriage Petition No. 83 of 2015, rejecting their request to waive statutory period required under section 13-B (2) of the Hindu Marriage Act, 1955 for divorce by mutual consent.

(3.) The facts as emerging are that, petitioner No. 1 is wife whereas petitioner No. 2 is husband. Their marriage was solemnized on 15-04-2012 at Sangmeshwar, however, the couple could reside together hardly for four days and from 19-04-2012, petitioner No. 1 started residing with her parents, having moved out of matrimonial house, due to incompatibility and temperamental issues. Attempts to reconcile relations have failed and ultimately the petitioners purported to take divorce on 14-12-2014 under aegis of respected members of their community, by execution of an affidavit. The petitioners had decided not to claim any monetary benefits from each other and had also undertaken not to lodge any cases against each other and further agreed to file proceedings for divorce by mutual consent.