KHUSHBU Vs. ANKIT KANCHHAL

JUDGEMENT

(1.) THE appellant and respondent, present in the Court, are identified by their respective counsel.

(2.) THIS appeal is directed against' an order dated 29.9.2012' passed by VIIth Additional District Judge, indore in Civil Suit No.79/2012, by which the prayer of both the parties for decree of divorce by mutual consent was declined on the ground that during re conciliation proceedings, it was stated by the parties that they were residing separately since 16.5.2012 and or. this ground the learned Court found that as they were not residing separately for a period of more than one year, the necessary requirement of section 13 B of the Hindu Marriage Act, 1955 (hereinafter referred to as 'Act' for short) was not complied with and dismissed the petition.

(3.) WE have also perused the pleadings as filed under section 13 B of the Act, in which it is stated that both the parties were married on 24.4.2011 and after the marriage there were some disputes between them and since last one year they are residing separately. In para 5 of the petition, it is stated that by mutual consent, it was agreed that they are residing separately. The same document was notarized on 30.7.2012 by the Notary.