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2023 Supreme(Raj) 665

ARUN BHANSALI, RAJENDRA PRAKASH SONI
Tarun Choudhary, S/o. Shri Arun Kumar Choudhary – Appellant
Versus
None – Respondent


Advocates Appeared:
For the Appellants : Mr. D.N. Yadav, Mr. Sanjeet Purohit, Amicus Curiae.

ORDER :

1. This appeal under Section 19 of the Family Courts Act, 1984 is directed against the order dated 29.04.2023 passed by the Family Court No.3, Jodhpur, whereby the application filed by the appellants seeking dispensing with the period prescribed under Section 13B(2) of the Hindu Marriage Act, 1955 (‘the Act’) has been rejected.

2. The appellants filed a joint application under Section 13B of the Act before the Family Court No.1, Jodhpur on 17.04.2023 seeking divorce on mutual consent and on 24.04.2023, after mediation with the parties the case was registered and for the purpose of second motion as prescribed under Section 13B(2) of the Act and evidence, the next date fixed in the matter was 19.10.2023. Whereafter, the matter was transferred from the Family Court No.1, Jodhpur to Family Court No.3, Jodhpur and again matter was fixed on 19.10.2023. On 28.04.2023, the appellants filed an application seeking dispensing with the requirement of six months’ period as prescribed under Section 13B(2) of the Act and dissolve the marriage solemnized by the parties on 08.03.2019.

3. The application was filed with the submissions that the wife was working as Transport Admn. at Dubai and

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