Prakash Tatia, J. - (1.) HEARD learned Counsel for the appellants.
(2.) THE appellants are aggrieved against the order dated 18.6.2008 by which the Family Court, Jodhpur rejected the appellants' application filed under Section 14 of the Hindu Marriage Act for dispensing with the waiting period of one year before filing the divorce petition and consequential order of dismissal of petition filed under Section 13B of the Hindu Marriage Act for grant of divorce by mutual consent. The facts of the case are that the appellants married on 24.11.2007 as per Hindu rights. According to the appellants, after their marriage, they could not keep the relations good and they started living separate from 24.2.2008 and by the time of filing of the petition under Section 13B i.e. by 12.6.2008, they remained separate for three months. According to them, now it is not possible for them to live together and, therefore, they have decided to separate by mutual consent. It is also pleaded that the amount of permanent alimony of Rs. 1,50,000/ -through bank draft No. 109136 dated 9.6.2008 is being deposited along with the application under Section 13B which may be given to the appellant wife after the divorce decree. With this, there will be no liability of the appellant husband towards the appellant wife except that the husband shall pay Rs. 3000/ -per month as maintenance amount till the decree is passed by the Family Court.
(3.) IT is also submitted that all Stridhan has been handed over by the appellant husband to the appellant wife at Women Police Station and, therefore, on this count also, there is no dispute.;