KAMAL Vs. VARSHA

JUDGEMENT

(1.) The present appeal arises out of order dtd. 23/9/2021 passed by learned Judge, Family Court No.1, Jodhpur in Civil Original Suit No. 563/2021 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 24/8/2021, appellant and respondent filed an application under Sec. 13B of the HMA Act stating that their marriage was solemnized on 29/4/2016 as per Hindu rites and customs at Udaipur. 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 since 29/1/2019. It was finally decided by the spouses that they should part ways peacefully.

(3.) Both the parties arrived at a consensus that they will not claim any other amount regarding compensation, stridhan, movable and immovable property and that Shri Kamal would pay to Smt. Varsha, a banker's cheque/demand draft/RTGS as one time maintenance amount of Rs. 15 Lakhs at the time of grant of divorce decree.