MAMTA Vs. ROHAN VERMA

JUDGEMENT

(1.) The appellant as well as respondent are aggrieved by an order dtd. 8/1/2021 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 6/8/2006 as per Hindu rites and ceremonies. One male child namely Krishna @ Krishu was born out of this wedlock. At the time of marriage i.e. on 6/8/2006, the appellant (wife) was major because her date of birth was 4/12/1985 as per Aadhar Card (Mark-C). Whereas the respondent (husband) was minor on the date of marriage i.e. on 6/8/2006 because her date of birth was 1/12/1985 as per Aadhar Card (Mark-A). Both the parties continued to live together and cohabited as husband and wife till 22/11/2017.

(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 23/1/2020. However, the learned Family Court dismissed their joint petition, vide judgment and decree dtd. 8/1/2021 by observing that the marriage of the parties was not a valid marriage as the respondent (husband) had not completed the age of 21 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. .