LAWS(RAJ)-2021-12-63

AJEESH ANAND Vs. NIL

Decided On December 01, 2021
Ajeesh Anand Appellant
V/S
NIL Respondents

JUDGEMENT

(1.) The present appeal arises out of order dtd. 17/8/2021 passed by learned Judge, Family Court No.1, Jodhpur (presently Presiding office of learned Family Court No. 2, Jodhpur) (under additional charge of learned Family Court No. 1 and 3) in Civil Original Case No. 389 of 2021 whereby the application filed by the parties seeking exemption of 6 months time period as provided under Sec. 13B of the Hindu Marriage Act, 1955 (for short "the HMA Act ") was rejected.

(2.) On 2/8/2021, the appellants filed an application under Sec. 13B of the HMA Act stating that their marriage was solemnized on 11/11/2006 as per Hindu rites and customs at Udaipur and daughter namely Anvesha was born out of their wedlock, who resides with her mother. Ever since the marriage, on one count or the other, there was estrangement amongst them and due to ideological differences, the relationship reached to the point of no return. As a consequence, the appellant and respondent started living separately The present appeal arises out of order dtd. 17/8/2021 passed by learned Judge, Family Court No.l, Jodhpur (presently Presiding office of learned Family Court No. 2, Jodhpur) (under additional charge of learned Family Court No. 1 and 3) in Civil Original Case No. 389 of 2021 whereby the application filed by the parties seeking exemption of 6 months time period since April, 2011. It was finally decided by the spouses that they should part ways peacefully.

(3.) Litigation and cases under Ss. 498 A IPC and 125 Cr.P.C. and divorce petition U/s 13 of Hindu Marriage Act, 1955 was also filed by Smt. Vandana "wife". One case under Domestic Violence Act, 2005 was also filed.