TARUN CHOUDHARY Vs. NONE

JUDGEMENT

(1.) This appeal under Sec. 19 of the Family Courts Act, 1984 is directed against the order dtd. 29/4/2023 passed by the Family Court No.3, Jodhpur, whereby the application filed by the appellants seeking dispensing with the period prescribed under Sec. 13B(2) of the Hindu Marriage Act, 1955 ('the Act') has been rejected.

(2.) The appellants filed a joint application under Sec. 13B of the Act before the Family Court No.1, Jodhpur on 17/4/2023 seeking divorce on mutual consent and on 24/4/2023, after mediation with the parties the case was registered and for the purpose of second motion as prescribed under Sec. 13B(2) of the Act and evidence, the next date fixed in the matter was 19/10/2023. Whereafter, the matter was transferred from the Family Court No.1, Jodhpur to Family Court No.3, Jodhpur and again matter was fixed on 19/10/2023. On 28/4/2023, the appellants filed an application seeking dispensing with the requirement of six months' period as prescribed under Sec. 13B(2) of the Act and dissolve the marriage solemnized by the parties on 8/3/2019.

(3.) The application was filed with the submissions that the wife was working as Transport Admn. at Dubai and she has a Visa for the period 3/2/2023 to 2/2/2025 and has received a mail on 25/2/2023, whereby she has to report back by 1/5/2023 else, she may loose her job. The husband, who is appearing from Merrut (Uttar Pradesh), has no objection and there is no dispute pending between the parties. Along with the application, the documents supporting the plea were filed.