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2000 Supreme(Ker) 332

C.S.RAJAN
Saji S. Nair – Appellant
Versus
Bindu – Respondent


Judgment :-

C.S. Rajan, J.

The petitioner married the first respondent on 28.8.1998. They are governed by the Hindu Marriage Act. The second respondent is the father of the first respondent. They were Jiving together at the petitioner's house. For various reasons, the marriage broke down and they ceased to live as husband and wife. Thereafter, O.P. No. 284 of 1999 was filed before the Family Court, seeking for a decree of divorce under Ss.12 and 13 of the Hindu Marriage Act. Thereafter, Ext. P1 petition was filed under

S.13B of the Hindu Marriage Act seeking divorce by mutual consent. Along with Ext. P1, Ext. P2 petition was also filed praying to dispense with the requirement of six months time. The Family Court considered these petitions and rejected the same as per Ext. P3 order. The reasons stated for rejecting Exts. P1 and P2 are as follows:

Though it has been stated by the petitioner that the petitioner and the first respondent had been living separately from September, 1998 onwards, the actual date from which they started living separately had not been specifically stated. Further, it was averred in the divorce petition that the parents of the first respondent took her to Dharw




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