VISHAL KUSHWAHA Vs. RAGINI KUSHWAHA

JUDGEMENT

(1.) This Appeal under sec. 28 of the Hindu Marriage Act, 1955 has been filed against the judgment and decree dtd. 23/7/2021 passed by First Additional District Judge, Itarsi, District Hoshangabad whereby the joint application filed by appellant-Vishal Kushwaha and her wife Ragini under Sec. 13(B) of the Hindu Marriage Act for mutual divorce has been rejected and the divorce petition has been dismissed on the ground that application has been filed before prerequisite period of one year under Sec. 14 of the Hindu Marriage Act.

(2.) A perusal of the application filed under Sec. 13B of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act ") shows that the marriage was solemnized on 21/2/2019 between the parties but after some time of marriage their marital relations got soured as a result whereof they started to live separately. On 15. 10.2019 almost after 7 months and 24 days of marriage, they filed an application seeking mutual divorce under Sec. 13(B) of the Act before the Court of District Judge, Itarsi. Both the parties are living separately since 7 months prior to filing of the application under Sec. 13B of the Act. The said application under Sec. 13B of the Act was registered as RCS No.118/19. The divorce application filed under Sec. 13B of the Act was rejected by the learned District Judge by judgment dtd. 23/7/2021 as pre-mature stating that under Sec. 14 of the Act, no application for divorce can be presented before expiry of the period of one year of marriage. Aggrieved with the said judgment, appellant husband has preferred the present appeal.

(3.) It is relevant to mention here that no application under Sec. 14 of the Act or an application to grant leave to present the divorce application with mutual consent before the expiration of the period of one year since the date of marriage, was filed.