MONIKA SHARMA Vs. RAHUL SHARMA

JUDGEMENT

(1.) This writ petition has been preferred on behalf of the petitioner being aggrieved with the order dtd. 8/9/2021 passed by the Family Court No.1, Udaipur (for short 'the court below') in Hindu Marriage Case No.391/2021, whereby the joint application filed by the petitioner and the respondent (hereinafter "parties") for waiver of six months period prescribed under Sec. 13-B(2) of the Hindu Marriage Act, 1955 (for short 'the Act of 1955) has been dismissed.

(2.) Learned counsel for the respondent Mr. Praveen Bhati has submitted that the respondent is also aggrieved with the order impugned and this writ petition has been filed with the consent of the respondent. Mr. Bhati has submitted that he has no objection if the relief prayed for in this writ petition is granted.

(3.) Brief facts of the case are that the marriage of the parties was solemnized as per Hindu customs on 3/12/2011 in Dhariyawad, District Pratapgarh. It appears that soon after the marriage, the relations of the parties became strained and both of them have been residing separately since 2019. 3. Despite the best efforts of the parties to restore conjugal relations and in spite of regular counselling by their near relatives the matrimonial dispute between them could not be settled and therefore the parties jointly filed an application under Sec. 13-B of the Act of 1955 seeking divorce by mutual consent before the court below on 2/8/2021.