YOGESH KUMAR Vs. PRIYA

JUDGEMENT

(1.) The appellant as well as respondent are aggrieved of order dtd. 12/1/2021 whereby the learned Principal Judge, Family Court, District Ludhiana has dismissed the petition filed under Sec. 13-B of Hindu Marriage Act, 1955.

(2.) The brief facts of the present case are that the marriage between the parties was solemnized on 27/2/2009 as per Hindu rites and ceremonies. At the time of marriage i.e. on 27/2/2009, the appellant (husband) was major being of the age of 23 years, 5 months and 10 days because his date of birth was 17/9/1985 as per Aadhar Card (Mark-B). Whereas the respondent (wife) was of the age of 17 years, 6 months and 8 days on the date of marriage i.e. on 27/2/2009 because her date of birth was 19/8/1991 as per Aadhar Card (Mark-A). Both the parties continued to live together and cohabited as husband and wife till 31/8/2017. Out of this wedlock, a male child namely Manas was born on 31/1/2010, who has been living with the appellant (father) since 31/8/2017.

(3.) The grievance of the parties is that they had filed a joint petition under Sec. 13-B of the Hindu Marriage Act, 1955 for dissolution of marriage by way of decree of divorce by mutual consent before the learned Family Court on 22/6/2020. However, the learned Family Court dismissed their joint petition vide judgment and decree dtd. 12/1/2021 by observing that the marriage of the parties was not a valid marriage as the respondent (wife) had not completed the age of 18 years as per the mandate of Sec. 5(iii) of the Hindu Marriage Act, 1955 vide which the parties were required to fulfill the basic condition of the said Sec. .