VARTIKA Vs. ANKIT

JUDGEMENT

(1.) This appeal under section 28 of the Hindu Marriage Act, 1955 (for short, 'the, Act') is directed against the judgment dated 21-8-2012 passed by 2nd Additional Principal Judge, Family Court, Indore in Hindu Marriage Act Case No. 50 of 2012. Brief facts necessary for disposal of this appeal are that on 11-1-2012 the appellant (wife) and the respondent (husband) had filed a petition for dissolution of marriage by a decree of divorce by invoking the provision under section 13B of the Act. In the petition it was averred that the marriage was solemnised between them on 13-2-2009. The wife is living in her parental house since 19-2-2011. It was further averred that they are having no relationship as husband and wife since last one year and that it is not possible for them to live together. They further stated that they have mutually agreed for dissolution of their marriage. The petition was also supported by the affidavits of the parties.

(2.) The learned Judge after recording the evidence led by the parties vide impugned judgment dated 21-8-2012 dismissed the petition by observing that since the parties are residing separately only from 19-2-2011, they could not have filed the petition on 11-1-2012 i.e. prior to completion of 1 year from the date of their residing separately. The learned Judge accordingly, dismissed the petition by holding it to be not maintainable. Feeling aggrieved, the appellant (wife) has filed this appeal.

(3.) The respondent (husband) has appeared. He did not oppose the grounds raised and the prayer made in this appeal.