VIKAS KUMAR SINGHAL Vs. SUSHILA DEVI

JUDGEMENT

(1.) Instant misc. appeal is directed against the order dt. 31-8-2016 passed by the Ld. Family Court dismissing the joint application filed for seeking decree of divorce with mutual consent u/S.13B of the Hindu Marriage Act, 1955 ("Act, 1955"), on withdrawal of consent unilaterally by the respondent-wife when the matter came up for second motion after expiry of the cooling period for passing decree of divorce for compliance of the mandate of sub-section(2) of Sec. 13B of the Act, 1955.

(2.) Brief facts of the case are that marriage of the appellant along with respondent was solemnized on 18-5-2013 according to Hindu rites and customs but on account of matrimonial differences between them, at one stage they took decision to obtain decree of divorce by mutual consent and that resulted into filing of a joint application seeking decree of divorce by mutual consent u/S.13B of the Act, 1955 on 29-6-2015.

(3.) The Ld. Family Judge took note of the contents of the application that they are living separately for a period of more than one year and have not been able to live together and also recorded their statements as AW1 Sushila Devi W/o Vikas Kumar and AW2 Vikas Kumar Singhal S/o Nathuram Singhal on 29-6-2015 and on compliance of mandate of Sec.13B(1) of the Act, posted the matter to be listed after the statutory period of six months on 4-1-2016 as envisaged u/S.13B(2) of the Act,1955 with opportunity to the parties to revisit their decision with direction to remain present on the next date and when the case thereafter was listed on 4-1-2016 the parties sought time and the matter thereafter remain adjourned for one or the other reason and on 31-8-2016 the respondent-wife filed application seeking withdrawal of her consent (supported with affidavit) that she is not interested/inclined to dissolve their marriage and wants to stay with her husband and willing to discharge her matrimonial obligations. Taking note of the contents of the application for withdrawal of consent duly supported with affidavit, the Ld. Family Judge on the very day dismissed the joint application filed by the parties seeking decree of divorce by mutual consent under its order impugned dt. 31-8-2016 which is subject matter of challenge in the instant misc. appeal.