Even though this matter is listed for preliminary hearing, with consent it is taken up for final disposal.

This petition is filed questioning the order passed by the Principal Family Court Judge in M.C. No. 508 of 2007 dismissing the application filed jointly by both the petitioner and respondent under Section 14( 1) of the Hindu Marriage Act, 1955 (for short, 'the Act') seeking exemption in filing the consent petition under Section 13-B of the Act within one year of the marriage.

2. Smt. Sweety E.M. W/o Sri Sunil Kumar KB. and Sri Sunil Kumar KB. filed a petition under Section 13-B of the Act read with Section 7 of the Family Courts Act, 1984 seeking dissolution of their marriage by mutual consent. Since the petition was filed prior to the expiry of one year from the date of the marriage i.e., 31-10-2006, both the petitioner and respondents filed an application under Section 14(1) of the Act to exempt passage of one year for filing the mutual consent petition. The learned Judge rejected the said application.

3. The relevant portion of Section 14(1) reads as under:

"14. No petition for divorce to be presented within one year of marriage.-(1) Notwithstanding anything contained in t