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2022 Supreme(Online)(MP) 14182

HIGH COURT OF MADHYA PRADESH
SHRI SHEEL NAGU, SHRI DINESH KUMAR PALIWAL, JJ
VISHAL KUSHWAHA – Appellant
Versus
MRS. RAGINI KUSHWAHA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI DEEPAK PANJWANI
For the Respondents: SHRI ABHAY GUPTA

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 15.10.2019 almost after 7 months and 24 days of marriage, they filed an application seeking mutual divorce under (B) of the Act before the Court of District Judge, Itarsi. Both the parties are living separately since 7 months prior to filing of the application under B of the Act. The said application under B of the Act was registered as RCS No.118/19. The

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