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HIGH COURT OF MADHYA PRADESH
SHRI SHEEL NAGU, SHRI DINESH KUMAR PALIWAL, JJ
VISHAL KUSHWAHA – Appellant
Versus
MRS. RAGINI KUSHWAHA – Respondent
| Table of Content |
|---|
| 1. rejection of mutual divorce petition. (Para 1 , 2 , 3) |
| 2. arguments for and against mutual divorce. (Para 4 , 5) |
| 3. statutory requirement of separation for mutual divorce. (Para 6 , 8 , 9 , 10 , 12 , 13 , 15 , 17) |
| 4. mandatory nature of one-year separation under section 13b. (Para 7 , 11 , 14 , 16 , 18) |
| 5. dismissal of the appeal. (Para 19) |
JUDGMENT
This Appeal under section 28 of the Hindu Marriage Act , 1955 has been filed against the judgment and decree dated 23.07.2021 passed by First Additional District Judge, Itarsi, District Hoshangabad whereby the joint application filed by appellant-Vishal Kushwaha and her wife Ragini under Section 13 (B) of the for mutual divorce has been rejected and the divorce petition has been dismissed on the ground that application has been filed before prerequisite period of one year under Section 14 of the .
2. A perusal of the application filed under Section 13 B of the Hindu Marriage Act , 1955 (hereinafter referred to as “the Act”) shows that the marriage was solemnized on 21.02.2019 between the parties but after some time of marriage their marital relations got soured as a result whereof they started to live separately. On 15.1
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