RUCHIT KULSEJA Vs. SNEHA WADHWANI KULSEJA

JUDGEMENT

(1.) Appellant has preferred this appeal under Sec. 19 of Family Courts Act, 1984 challenging judgment and decree dtd. 18/1/2024 passed by Third Additional Principal Judge, Family Court, Jabalpur in RCSA No. 180/2022, by which petition filed for grant of divorce under Sec. 27 of Special Marriage Act, 1954 was dismissed.

(2.) Brief facts of the case are that appellant and respondent got their marriage registered on 10/6/2019 in Pune. After getting marriage certificate, parties also performed marriage on 10/11/2019 in accordance with Hindu rites and rituals. Trial Court framed singular issue, whether respondent treated appellant with cruelty which calls for dissolution of marriage between them. Trial Court did not answer said issue but dismissed petition for divorce on ground that appellant want divorce for marriage dtd. 10/6/2019, however, no relief of dissolution of marriage dtd. 10/11/2019 was prayed, which was performed according to Hindu rites and rituals.

(3.) Counsel appearing for appellant submitted that trial Court had committed an error of law in dismissing suit on aforesaid ground. If trial Court gave divorce in respect of marriage dtd. 10/6/2019, then customary marriage dtd. 10/11/2019 performed between parties as per Hindu rites and rituals will also come to an end and no separate decree for dissolution of marriage dtd. 10/11/2019 is required. Appeal on basis of evidence available on record be allowed and decree of divorce be granted.