(1.) This appeal has been preferred by the appellant- wife against the judgment and decree dated 28.5.2014 passed by the trial court, whereby the petition filed by the appellant-wife under section 13-B of the Hindu Marriage Act, 1955 (in short, "the Act") for dissolution of marriage has been dismissed.
(2.) A few facts relevant for the decision of the controversy involved as available on the record may be noticed. Marriage between the parties was solemnized on 29.12.2012 at Village Bullepur, Khanna, District Ludhiana according to Sikh rites and ceremonies. Thereafter, the parties cohabited as husband and wife for about three months at Village Nasrali, Tehsil Amloh, District Fatehgarh Sahib. After three months, the appellant went to Canada. Immediately after the marriage, the parties could not adjust due to having different temperaments which led to allegations and counter allegations against each other. Accordingly, with the intervention of the respectables and elders of the community, the parties decided to dissolve the marriage by mutual consent. It was decided that a sum of Rs. 13,50,000/-shall be payable to the appellant by the respondent as permanent alimony and other expenses. Out of the said amount, Rs. 9 lacs was to be paid in cash or demand draft by the respondent to the appellant at the time of presentation of the petition and making first statement before the court and the remaining amount of Rs. 4,50,000/- was required to be paid to the appellant by the respondent at the time of making second statement before the court for passing the decree of dissolution. The petition under Section 13-B was filed on 12.8.2013 i.e. prior to expiry of mandatory period of one year as per provisions of Section 13-B of the Act. It was categorically pleaded therein that the parties are of marriageable age and in case they wait for filing the petition after expiry of one year from the date of marriage, it would cause irreparable loss to them. Along with the petition under section 13-B of the Act, the parties also moved application under Section 14 of the Act for grant of leave to file the petition before the expiry of one year from the date of marriage. Learned counsel for the parties submitted before the trial court that period of one year was liable to be condoned in view of the facts and circumstances of the case that the appellant was resident of Canada and it was not possible for her to visit India time and again. Reliance was placed on various judgments of the Apex Court and this Court in that regard. The trial court after hearing the counsel for the parties and perusing the record dismissed the petition vide judgment dated 28.5.2014 impugned herein holding that the mandatory provisions of section 13-B of the Act were not complied with. Hence the present appeal before this Court.
(3.) We have heard learned counsel for the parties and perused the record.