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2015 Supreme(SC) 1368

M.Y.EQBAL, C.NAGAPPAN
Soni Kumari – Appellant
Versus
Deepak Kumar – Respondent


Advocates Appeared:
For the Appellant : Nirmal Chopra
For the Respondent:Jatin Sapra, Advocate for Debasis Misra, Advocates

JUDGMENT :

M. Yusuf Eqbal, J.

Leave granted.

2. This appeal by special leave is directed against order dated 14.7.2015 passed by the Principal Judge, Family Court South, Saket, New Delhi in HMA No. 613 of 2015, whereby petition for first motion for divorce by mutual consent Under Section 13-B(1) of Hindu Marriage Act, 1955 (in short, 'the Act') moved by the parties has been allowed. However, Family Court rejected prayer for waiving of statutory period of six months prescribed Under Section 13-B(2) of the Act for filing second motion.

3. The brief facts of the case lie in a narrow compass.

4. The Appellant and the Respondent married as per Hindu rites and customs at the parental house of the Appellant sometime in the year 2009 and after marriage they shifted to Delhi. The parties ever since the marriage did not pull together being of different habits, ideas and completely different in nature and temperament. They could not adjust with each other at all. Since February 2014, the Appellant and the Respondent started living separately as they had irreconcilable differences and there was no possibility of any reconciliation between them. As a result, the Appellant and the Respondent filed a





















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