SIMRANJEET KAUR Vs. GURBAX SINGH

JUDGEMENT

(1.) This appeal has been filed by the appellant-wife for setting aside order dtd. 13/12/2022, passed by the learned Family Court, Hoshiarpur, whereby petition under Sec. 13-B of the Hindu Marriage Act, (for short 'the Act'), filed by the appellant and the respondent-husband has been rejected on the ground that the petition has been filed prior to one year of the parties living separately.

(2.) Brief facts necessary for adjudication of the matter are that petition under Sec. 13-B of the Act, was filed by both the husband and the wife seeking a decree of divorce by mutual consent. It is stated in the petition attached as Annexure A-1 that marriage was solemnized between the parties on 26/2/2020 at village Balala, Hoshiarpur, as per Sikh Rites. Parties, it is stated cohabited as husband and wife in the matrimonial home up to 7/3/2020. Husband went abroad on 7/3/2020 and the wife proceeded to her parental home. The parties remained on talking terms through telephone and social media till August 2020, but due to temperamental differences, they decided to separate from each other. It is stated that they have not cohabited since 7/3/2020 and are living separately since then. It is further stated that strenuous efforts were made for reconciliation between the parties and resumption of their matrimonial ties. Even with intervention of respectables, reconciliation between the parties was not possible and the parties ultimately decided to get the marriage dissolved by way of decree of divorce by mutual consent.

(3.) Petition under Sec. 13-B of the Act, was accordingly filed. Statements of parties at first motion were recorded on 16/3/2021, copies of which are attached alongwith as Annexure P-2. Statements at second motion were also recorded on 21/9/2021, attached along with as Annexure P-3. However, learned Family Court, Hoshiarpur, on 13/12/2022, dismissed the petition under Sec. 13-B of the Act, while observing that severance of matrimonial ties did not take place on 7/3/2020 when the husband went abroad as the wife continued to live in the matrimonial home even in the absence of the husband and both of them remained in touch with each other through phone and social media and in-fact the wife proceeded to leave the matrimonial home for her parental home only on 1/9/2020. Therefore, separation between the parties could be taken only from 1/9/2020 and not 7/3/2020 when the husband left the country. As the petition had been filed on 16/3/2021, period of one year was not complete, thus petition was dismissed as not maintainable.