GUNJESH NARAYAN Vs. ANJALI KUMARI

JUDGEMENT

(1.) Heard learned counsel appearing for the appellant as well as learned counsel for the respondent on the point of admission and in our view, this appeal can be disposed of on admission stage itself.

(2.) The appellant has preferred this appeal against the judgment and decree dated 30.07.2018 passed by learned Principal Judge, Family Court, Saran at Chapra in Divorce Case No. 219 of 2013 which was dismissed by the learned Principal Judge on the ground that petition under Section 13-B of the Hindu Marriage Act, 1955 had been filed prior to expiry of period of one year.

(3.) The appellant and respondent jointly filed a petition under Section 13-B of the Hindu Marriage Act for dissolution of their marriage by decree of mutual consent on 10.07.2013 and in the aforesaid petition, it was averred that their marriage was solemnized on 06.06.2012. The learned Principal Judge, Family Court vide order dated 16.04.2014 allowed the petition jointly filed under Section 13-B of the Hindu Marriage Act and accordingly, passed the decree of divorce by mutual consent dissolving the marriage of appellant and respondent. However, the respondent challenged the above stated judgment and decree dated 16.04.2014 by filing Misc. Appeal No. 349 of 2014 which was allowed by a Division Bench of this Court and accordingly, the matter was remitted to the Principal Judge, Family Court for passing a fresh and reasoned judgment.