KANHAIYA LAL Vs. FAMILY COURT

JUDGEMENT

(1.) This Misc. Appeal is preferred to challenge the order dated 24.03.2014 passed by learned Judge, Family Court, Udaipur by the order aforesaid, whereby the learned Judge, Family Court, Udaipur rejected an application preferred by the appellants as per the provisions of Section 13B of Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act of 1955').

(2.) The facts in brief are that the appellant No.1 and appellant No.2 entered into a wedlock on 28.06.2012 as per Hindu customs and rituals at Udaipur. A couple soon after their marriage preferred an application under Section 13B of the Act of 1955 seeking direction to annul their marriage by consent. The application came to be dismissed being premature on the count that the same was filed prior to a period of one year from the date of last co obeta.

(3.) In the instant appeal the argument advanced by learned counsel for the appellant is that the appellants were living separately since 08.07.2012, therefore, the application was not premature.