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2021 Supreme(MP) 494

GURPAL SINGH AHLUWALIA
Bharti Arya – Appellant
Versus
Rakesh Arya – Respondent


Advocates Appeared:
For the Appellant : Yashodhara Puniya

ORDER :

Gurpal Singh Ahluwalia, J.

1. Ms. Yashodhara Puniya, Advocate for Petitioner.

2. This petition under Article 227 of the Constitution of India has been filed against the order dated 20/1/2021 passed by Family Court (Link) Gwalior in case No. 125 A/2020 (HMA), by which the application filed by the petitioner under Section 13-B (2) of the Hindu Marriage Act has been rejected.

3. It is submitted by the counsel for the petitioner that the petitioner and the respondent were married to each other on 21/4/2007 and because of their mutual differences, they are residing separately for the last three years and accordingly on 11/8/2020 they filed an application under Section 13-B of the Hindu Marriage Act for grant of divorce by mutual consent. On 18/12/2020 affidavits under Order 18, Rule 4, CPC were filed. On the same day, a prayer was made by the parties that their application may be decided finally, however, the trial court by ignoring their prayer, has adjourned the matter for 30/6/2021 for recording of their second statements. It is submitted by the counsel for the petitioner that the provision of Section 13-B (2) of the Hindu Marriage Act is not mandatory, but it is directory in nat

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