JUDGMENT :

SHASHI KANT GUPTA, J.

1. This appeal has been filed against the order dated 23.01.2019 passed by the Principal Judge, Family Court, Allahabad in Misc. Case No. 01 of 2019 (Smt. Ayushi Jaiswal Versus Arpit Garg) whereby the application jointly filed by the parties under Section 13B of the Hindu Marriage Act for mutual divorce has been rejected and the divorce petition was returned on the ground as having been filed within less than a period of one year of separation of the parties.

2. A perusal of the record shows that the marriage was solemnized on 09.07.2018 between the parties but soon thereafter, their marital relations got strained as a result whereof they entered into a compromise on 20.12.2018 to seek a mutual divorce under Section 13B of the Hindu Marriage Act, 1955 (in short “ the Act”). Both the parties are living separately since 12.10.2018. On 21.12.2018, 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.

3. It is relevant to mention here that an application under Section 14 of Hindu Marriage Act has also been filed by the respondent in the aforesaid divorce petition to grant leave to present the divorce petition with mutual consent before the expiration of one year since the date of the marriage and the said application was registered as Misc. Case No. 01 of 2019. The divorce petition filed under section 13B of the Act was rejected by order dated 23.01.2019 by the Court below as premature and the divorce petition was returned back holding that the period as prescribed under Section 13-B(1) of the Act can not be waived under the proviso to Section 14 of the Act. Hence the present appeal.

4. Learned counsel for the appellant has contended that the impugned order is based on a complete misreading of the case and misconception of the legal position relevant to the matter. It was further contended that the Court below has misinterpreted and misconstrued the provisions of Section 13B as well as Section 14 of the Hindu Marriage Act. It was further submitted that the period of one year since the date of separation of the parties to the marriage can be waived by the Court under the proviso to Section 14 of the Act for the purpose of filing a petition under Section 13-B of the Act. When it appears that there are no chances of living together of husband and wife and their differences can not be resolved and the present case is such a case in which there are no chances of reconciliation between the parties and by rejecting the said application, the appellant and respondent have been virtually directed to suffer mental trauma and agony. He further submitted that both the parties are living separately since 12.10.2018.

5. In support of his contention, learned counsel for the petitioner has placed reliance upon the decision of the Apex Court in the case of Amardeep Singh Versus Harveen Kaur, AIR 2017 Supreme Court 4417 and the decision of the Division Bench of the Delhi High Court in the case of Sankalp Singh Versus Prarthana Chandra decided in FAO No. 312 of 2012 on dated 01.03.2013.

6. Heard learned counsel for the appellant and perused the record as well as provisions of the Hindu Marriage Act particularly Sections 13, 13-B and 14 of the Act.

7. Before we may proceed further in the matter, it would be expedient and useful to refer to Sections 13-B and 14 of the Hindu Marriage Act which are relevant for the purpose of deciding the present appeal are quoted herein below:-

"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 t