KIRTI MATHUR Vs. VIJIT MATHUR

JUDGEMENT

(1.) The grievance of the appellant as well as respondent is that the learned Family Court No.3, Jodhpur has erred in law and fact while passing the order dtd. 1/10/2022 in Civil Case No.1019/2022 (590/2022) - Smt. Kirti Mathur Vs. Vijit Mathur, by which an application dtd. 30/9/2022, jointly preferred by the parties for grant of divorce decree even prior to the completion of 6 months period, as prescribed under Sec. 13B of Hindu Marriage Act,1955 has been rejected.

(2.) The contention of the appellant as well as respondent in the application filed under Sec. 13B before learned Family Court No.3, Jodhpur is that the marriage between the parties took place on 7/11/2016. However, since 12/9/2017 the parties are living separately. It is further stated that they have not been able to live together and that they have mutually agreed to dissolve the marriage. The parties by way of filing joint application dtd. 30/9/2022 sought waiver of the period of 6 months for the second motion on the ground that they have been living separately and there is no possibility of their reunion. Any delay will affect the chances of their resettlement.

(3.) The learned Family Court No.3, Jodhpur vide order dtd. 1/10/2022 rejected the application jointly filed by the parties before it on 30/9/2022 and in its order noticed that some dispute is still pending between the parties and efforts are required to be made to reunite the parties.