- (1.) This appeal is directed against the judgment dated 10.07.2014 vide which the application under Section 14 of the Hindu Marriage Act, 1955 (in short "the Act of 1955") seeking permission to file a petition for divorce by mutual consent before expiry of statutory period of one year of the marriage, filed together by appellant-wife Sakshi and respondent-husband Abhinandan Sharma, was dismissed.
(2.) The facts quoted in the impugned order are as under :- "Appellant Smt. Sakshi was married to respondent Abhinandan Sharma on 08.02.2014. After the marriage, they resided together as husband and wife at Ludhiana upto 16.03.2014. It was alleged that the marriage could not be consummated because of incompatibility of temperaments and certain misunderstanding between the parties. Ultimately, both the parties fell apart and were residing separately since 16.03.2014. All efforts made for reconciliation and reunion failed and ultimately to resolve the dispute the parties by way of mutual agreement dated 01.07.2014 decided to seek divorce by mutual consent invoking the provisions of Section 13 of the Act of 1955. Alongwith the petition, an application under Section 14 of the Act of 1955 was filed seeking permission to present the petition before expiry of stipulated period of one year from the date of marriage."
(3.) Considering all facts and circumstances put forth by the parties, learned trial Court finding that the petitioner could not make out a case of exceptional hardship or exceptional depravity declined to condone the period and dismissed the application.;