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2024 Supreme(Online)(MAD) 20117

HIGH COURT OF MADRAS
Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY
Sudalai – Appellant
Versus
Nill – Respondent


ORDER

The civil revision petition is filed to set aside the order dated 27.06.2024 passed by the Family Court, Tirunelveli in unnumbered I.A.No.. of 2024 in unnumbered H.M.O.P.No... of 2024.

2. The said original petition is filed under Section 13-B of the Hindu Marriage Act(hereinafter referred to as 'Act' for brevity) to dissolve the marriage by mutual consent. The above Interlocutory Application is filed to waive the period of one year under Section 14(1) of the Act. The said petition is now rejected, as against which, the present Civil Revision petition is filed.

3. The learned counsel for the petitioners submits that the trial Court ought to have seen that the proviso to Section 14 enables the Court to grant relaxation and waive of the period in deserving matters. In this case, both the wife and husband are the joint petitioners before the trial Court as well as before the Court. Immediately after the marriage, they have realized that the marriage between them will not work-out and they have already separated and even taken away their respective things, and there is no way that they can reunite, in such circumstances, the period of one year is only going to cause a hardship and t

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