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2022 Supreme(All) 733

RAKESH SRIVASTAVA, AJAI KUMAR SRIVASTAVA I
Anamika Srivastava – Appellant
Versus
Anoop Srivastava – Respondent


Advocates Appeared:
For the Appellant : Ramesh Kumar Dwivedi
For the Respondent: Akhilesh Kumar Pandey, Akhilesh Kumar Pandey

JUDGMENT :

1. This first appeal under Section 19 of the Family Courts Act, 1984 has been filed challenging the orders dated 02.02.2022 and 07.03.2022 passed by the Family Court (Principal Judge, Family Court, Barabanki) rejecting the prayer made by the Appellant and the Respondent to waive the minimum period of six months stipulated under Section 13-B(2) of the Hindu Marriage Act, 1955 (for short 'the Act') for a motion for passing a decree of divorce on the basis of mutual consent.

2. Anamika Srivastava, the Appellant, was married to Anoop Srivastava, the Respondent, according to Hindu rites and rituals at Barabanki on 17.06.2010. Soon after the marriage, differences arose between them to such an extent that the Appellant left her matrimonial home on 24.09.2010 and since then she has been living with her parents. On 01.05.2013, the Appellant moved an application under Section 125 CrPC against the Respondent before the Family Court. The said case was registered as Criminal Misc. Case No. 258 of 2013 (Anamika Srivastava vs. Anoop Srivastava). On 03.10.2018, the Family Court allowed the application moved by the Appellant and directed the Respondent to pay a sum of Rs. 5000/-(Rupees fiv

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