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2002 Supreme(Kar) 432

M.F.SALDANHA, N.K.PATIL
UJWAL SHETTY – Appellant
Versus
NIL – Respondent


Advocates:
M.J.Alva

M. F. SALDANHA, J.

( 1 ) A rather unfortunate situation has arisen in this case where, a young couple both of whom are professionals presented a petition under Section 13-B of the Hindu Marriage Act, to the Family Court praying for dissolution of their marriage which had been solemnised on 9-5-2001. Under Section 13-B there is a bar to the presentation of the petition unless one year has expired since the date of the marriage. Section 14 however prescribes that if it is a case of exceptional hardship or, on the other hand, if it is a situation of grave depravity etc. , that the parties may apply to the Court for waiver of this condition in which case, the petition can be presented earlier.

( 2 ) THE petition under Section 13-B was presented before the Family Court on 27-9-2001 which is hardly four months after the marriage was solemnised. An application was filed under Section 14 of the Act, setting out certain very valid reasons why the Court should be pleased to allow the parties to present the petition prematurely i. e. , before the period of one year has elapsed. The record indicates that the learned Judge presiding over the Family Court considered the application and granted t








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