SWATANTER KUMAR, C.J .:- Simple but a pertinent question of law challenging the constitutional validity of provisions of Section 13-B of Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act') insofar as it relates to the pre-requisite period of separation for one year for institution of petition under section 13B of the Act, as mandatory and also on the ground that it is arbitrary and has no nexus to the object of the said provision, arise~ in this petition.

2. The petitioner No.1 was married to the petitioner No.2 on 29th April, 2007, according to Hindu rites and customs. The marriage between the parties was registered in accordance with law. After marriage, the parties cohabited at Bombay till 2nd August, 2007 when matrimonial differences arose between the parties. According to them, the parties realized that they were not suitable to each other, their marriage had irretrievably broken down and there was no possibility of saving the marriage. There are no issues from the wedlock. Since 2nd August, 2007, the parties are living separately. Attempts for re-conciliation and resettlement of the matrimonial home failed. Resultantly, with an intention to avoid any legal