C.K. ABDUL REHIM, J.

1. Invoking the power of superintendence vested on this court under Article 227 of the Constitution of India, the petitioner is challenging Ext.P4 order passed by the Family Court, Chavara in IA No. 1189/2017 on a petition filed by the parties herein, seeking exemption and waiver of the statutory period stipulated under the proviso to Section 14 (1) of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act for short).

2. The petitioner and the respondent herein jointly filed an original petition before the Family Court under Section 13B of the Act, seeking dissolution of the marriage existing between them, based on mutual agreement. Along with the said application, I.A No. 1189/2017 was filed seeking leave of the court to present the original petition before expiry of the period of one year since the date of the marriage. In the affidavit filed in support of the said application it is stated that, both of them have realized from the first day of their marriage that they are not compatible to proceed under a marital tie; and shortly thereafter they have decided to separate. It is specifically mentioned that, the parties lost unanimity to contin