Hon’ble Shashi Kant Gupta, J.—This writ petition has been filed against the order dated 14.1.2014 whereby the application jointly filed by the parties under Section 13B of the Hindu Marriage Act for mutual divorce has been rejected on the ground that it was premature.

2. Heard learned counsel for the petitioner and perused provisions of the Hindu Marriage Act.

3. Sections 13B and 14 of the Hindu Marriage Act (in short “Act”) which are relevant for the purpose of deciding the present petition are quoted hereinbelow;

“13-B. Divorce by mutual consent.—(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the District Court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the mean time, the Court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.”

“14. No petition for divorce to be presented within one year of marriage.—(1) Notwithstanding anything contained in this Act, it shall not be competent for any Court to entertain any petition for dissolution of marriage by a decree of divorce, unless at the date of the presentation of the petition one year has elapsed since the date of the marriage:

Provided that the Court may, upon application made to it in accordance with such rules as may be made by the High Court in that behalf, allow a petition to be presented before one year has elapsed since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but, if it appears to the Court at the hearing of the petition that petitioner obtained leave to present the petition by any mis-representation or concealment of the nature of the case, the Court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the expiry of one year from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after the expiration of the said one year upon the same or substantially the same facts as those alleged in support of the petition so dismissed.

(2) In disposing of any application under this section for leave to present a petition for divorce before the expiration of one year from the date of the marriage, the Court shall have regard to the interests of any children of the marriage and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the said one year.”

4. A perusal of the record shows that the marriage was solemnized on 29.5.2013 between the parties. Thereafter, it appears that they entered into a compromise on 16.12.2013 to seek a mutual divorce. On 2.1.2014, a joint application under Section 13 B was filed by the parties before the Court below for seeking divorce on the basis of mutual consent but the same was rejected by order dated 14.1.2014 by the Court below as premature and the divorce petition was returned back. Hence the present writ petition.

5. Section 13B of the Act was introduced (w.e.f. 27.5.1976) by the amending Act of 1976. From a bare perusal of Section 13 B of the Hindu Marriage Act, it is evident t