MONIKA KHATIK Vs. MAHENDRA KUMAR

JUDGEMENT

(1.) Instant writ petition lays challenge to an order dtd. 6/1/2022 passed by the Judge, Family Court, Gulabpura whereby the petitioner's application dtd. 18/12/2021 for waiver of cooling off period for deciding the application for mutual divorce filed under Sec. 13B of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act of 1955') has been rejected.

(2.) The facts germane to the present petition are that the petitioner married the respondent when she was a minor. After attaining majority, the petitioner's matrimonial relation with the respondent got strained due to which she filed an application for dissolution of marriage under Sec. 13 of the Act of 1955 on 21/11/2020.

(3.) The petitioner's application under Sec. 13 of the Act of 1955 was rejected by the trial Court, vide its order dtd. 2/12/2021 inter alia observing that the petitioner was deserted on 28/11/2019 and by the time of filing the petition, the two year's statutory period given under Sec. 13(1)(ib) had not elapsed.