SHIVANI YADAV Vs. AMIT YADAV

JUDGEMENT

(1.) The appellant has come up in appeal against the order dtd. 9/7/2021 passed by the Principal Judge, Family Court, Gurugram, whereby petition under Sec. 13-B of the Hindu Marriage Act seeking dissolution of marriage by way of mutual consent, filed by the appellant and respondent, has been dismissed.

(2.) A perusal of the impugned order shows that marriage of the parties was solemnized on 15/2/2021 according to Hindu rites and rituals at village Garhi Bazipur, Tehsil Sohna, District Gurugram. After the marriage, they lived in House No.315/3, Uttam Nagar, Rewari. Soon after the marriage, differences cropped up between the couple and the appellant (Shivani Yadav) came back to her parental house realising that they could not live together. Ultimately, they filed a joint petition under Sec. 13-B of the Hindu Marriage Act on 20/5/2021 seeking decree of divorce by way of mutual consent. Both the parties are living separately since 17/2/2021, as stated in their petition under Sec. 13-B of the Hindu Marriage Act. Along with the said petition, they also filed an application under Sec. 14 of the Hindu Marriage Act with a prayer that mandatory period of one year before filing the petition under Sec. 13-B of the Act be reduced/condoned. However, the Family Court, Gurugram has not allowed the said application as well as petition under Sec. 13-B of the Act.

(3.) For the purpose presenting a petition under Sec. 13-B of the Hindu Marriage Act before expiry of one year, Sec. 14 of this Act would be relevant, which reads as under:-