MRIDUL PANWAR Vs. PRIYANKA FITHANI

JUDGEMENT

(1.) Appellant's failure to seek nod of Family Court No.1, Jodhpur (for brevity 'learned trial Court') for waiver of six months' transitional period, envisaged under Section 13B(2) of the Hindu Marriage Act, 1955 (for short, 'Act'), has led to the instant appeal under Section 19 of the Family Courts Act, 1984.

(2.) Succinctly stated, the facts of the case are that appellant and respondent entered into matrimony at Jodhpur on 10 th of September, 2017 as per Hindu rites & rituals. Since marriage, both the spouses realized incompatibility in their liaison and within no time acrimony between them reached to its pinnacle. This sort of situation resulted in separation of the spouses without consummation of marriage. The respondent wife, therefore, shifted to her parental house after few days of marriage. When the spouses pondered over their turbulent and unmatched martial life, both objectively decided to call it a day. Finally, at the behest of both the parties, a joint petition under Section 13B of the Act for seeking dissolution of marriage by mutual consent is filed before the learned trial Court on 10th of April, 2019. Alongwith the petition, an application is also filed to dispense with transitional period of six months precisely by citing the reason that since marriage both are living separately and there was no cohabitation between them. The learned trial Court, by its order dated 26 th of April, 2019, declined prayer of the spouses. Therefore, impugning the order aforesaid, appellant has laid this appeal.

(3.) It is contended by learned counsel for the appellant that a very significant fact of both the spouses not living together since marriage has completely escaped notice of the learned trial Court while declining waiver of six months cooling period under Section 13B(2) of the Act. Learned counsel would urge that in the peculiar facts and circumstances of the case, learned trial Court ought to have examined prayer for waiver of cooling period objectively by keeping interest of both the spouses paramount. Learned counsel further submits that non-consummation of marriage and other facts germane to the matter are completely eschewed by the learned trial Court while passing the impugned order, therefore, same is per se vulnerable.