PRIYANKA Vs. PARDEEP

JUDGEMENT

(1.) The appellant has come up in appeal against the order dtd. 24/11/2021 passed by the Principal Judge, Family Court, Fatehabad, whereby application (which was filed along with petition under Sec. 13-B of the Hindu Marriage Act seeking dissolution of marriage by way of mutual consent) for waiving off the stipulated period of minimum one year of separation prior to filing of the petition under Sec. 13-B of Hindu Marriage Act, 1955, has been dismissed.

(2.) A perusal of the impugned order shows that marriage of the parties was solemnized on 23/8/2015 according to Hindu rites and rituals at Shiv Mandir, Chandigarh. Out of this wedlock, two children were born. Later on, differences cropped up between the couple and they could not live together. They are residing separately since 17/7/2021. Ultimately, they filed a joint petition under Sec. 13-B of the Hindu Marriage Act on 24/11/2021 seeking decree of divorce by way of mutual consent. Along with the said petition, they also filed an application 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, Fatehabad 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:-