ANSHU RANI Vs. ROHIT VIJ

JUDGEMENT

(1.) This order will dispose of aforementioned two appeals. The same have been filed by the wife and husband aggrieved against the same order of the learned court below whereby the petition filed by them for grant of decree of divorce by way of mutual consent under Section 13-B of the Hindu Marriage Act, 1955 (for short, "the Act"), was dismissed.

(2.) Briefly, the facts are that the marriage of the parties was solemnised on 24.2.2008 at Ludhiana according to Hindu rites and ceremonies. Due to temperamental differences, the parties could not pull on together. They lived together only for a period of 15 days after the marriage and since then they are living separate. All efforts to resettle remained futile and ultimately with the intervention of the elders and well wishers, it was decided that there was no reason to prolong the agony of the parties and they should respectfully part ways. In view of the decision, a petition under Section 13-B of the Act was filed. On 21.3.2009 statement of both the parties was recorded. The case was thereafter adjourned for 23.9.2009 after the statutory period of six months. On subsequent adjourned date on account of non-appearance of the husband in person, the petition was dismissed. It is this order of the learned court below which is impugned in the present appeal.

(3.) Learned counsel for the parties submitted that all the disputes between the parties stood settled. After the marriage, the parties lived together only for a period of 15 days. As they could not settle in life and are at the young age, it was decided between them to get separated without levelling any allegations against each other, by way of a decree of divorce by mutual consent. The husband appeared when the petition was taken up for the first time and got his statement recorded and subsequently he could not appear for the reason that he had gone abroad for further studies and it was difficult for him to get leave. His father had appeared and filed his affidavit. The same should have been considered enough for passing the decree of divorce. However, still the learned court below dismissed the petition. It was prayed that the impugned order be set aside and a decree of divorce by mutual consent be passed.