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2019 Supreme(Raj) 1441 ; 2019 Supreme(Raj) 2938

SANGEET LODHA, P.K.LOHRA
Mridul Panwar S/o Manoj Panwar – Appellant
Versus
Priyanka Fithani W/o Shri Mridul Panwar D/o Shri Ramesh Fithani – Respondent


Advocates Appeared:
For the Appellant : Mr. D.L.R. Vyas.
For the Respondent: Mr. Richin Surana.

JUDGMENT :

P.K. LOHRA, J.

Appellant’s failure to seek nod of Family Court No.1, Jodhpur (for brevity ‘learned trial Court’) for waiver of six months’ transitional period, envisaged under Section 13B(2) of the Hindu Marriage Act, 1955 (for short, ‘Act’), has led to the instant appeal under Section 19 of the Family Courts Act, 1984.

2. Succinctly stated, the facts of the case are that appellant and respondent entered into matrimony at Jodhpur on 10th of September, 2017 as per Hindu rites & rituals. Since marriage, both the spouses realized incompatibility in their liaison and within no time acrimony between them reached to its pinnacle. This sort of situation resulted in separation of the spouses without consummation of marriage. The respondent wife, therefore, shifted to her parental house after few days of marriage. When the spouses pondered over their turbulent and unmatched martial life, both objectively decided to call it a day. Finally, at the behest of both the parties, a joint petition under Section 13B of the Act for seeking dissolution of marriage by mutual consent is filed before the learned trial Court on 10th of April, 2019. Alongwith the petition, an application is also fi

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