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2010 Supreme(Del) 918

KAILASH GAMBHIR
Mohin Saili – Appellant
Versus
NIL – Respondent


Advocates Appeared:
For the Appellant : Ms. Bhakti Pasrija.

JUDGMENT :

Kailash Gambhir, J.

By this appeal filed under Section 28 of the Hindu Marriage Act, 1955, the appellants seek to challenge the impugned order dated 11.11.2010, passed by the Family Court, whereby the application filed by the appellants under Section 14 of the Hindu Marriage Act to seek waiver of one year period for presenting the joint divorce petition under Section 13(B) of the Hindu Marriage Act was dismissed.

2. The grounds taken by both the appellants in the said application are that the appellant No. 1 is working with the Bikanervala Food Pvt. Ltd as an Assistant Unit Manager in Delhi, while appellant No. 2 is working with Qatar Airways, Doha, United Arab Emirates (UAE) as a Flight Attendant and both the parties could not live together for a day after solemnization of their marriage on 12.4.2010. It was also stated by them that their marriage was not consummated and both the parties realised that they are totally incompatible, having different mind sets, ambitions and career orientations. It was also stated that the appellant No. 2 since is working with an Airlines in Doha, therefore, it is not possible for her to join her husband appellant No. 1.

3. The learned Family











































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