IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

111 CM-1907-CII-2026 in/and Date of decision:

MANOJ KUMAR …. Appellant Versus POOJA RANI …. Respondent CORAM: HON’BLE MR. JUSTICE GURVINDER SINGH GILL HON’BLE MRS. JUSTICE RAMESH KUMARI Present : Mr. Gaurav Gogna, Advocate for the appellant.

Mr. Nishant Arora, Advocate for the respondent.

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GURVINDER SINGH GILL, J. (oral)

CM-1907-CII-2026

1. Instant application has been filed under Section 151 CPC seeking preponement of the main case which is presently fixed for 10.03.2026.

For the reasons mentioned in the application, the same is allowed and date of hearing of the main appeal is preponed and the same is taken on Board today itself.

FAO-1353-2020

2. The appellant herein assails judgment and decree dated 05.10.2019 vide which a petition filed by him jointly with the respondent under Section 13B of Hindu Marriage Act for dissolution of marriage by mutual consent has been dismissed primarily on the ground that at the time of solemnization of the marriage of the parties, the appellant was aged less than 21 years. The observations recorded by learned Family Court in this regard are reproduced hereinunder ;

“ The record reveals that the parties have filed the present petition voluntarily without any pressure and any undue influence from any quarter and have also recorded their statements to dissolve the marriage mutually on failing to continue their married life. The petitioner no.2 received settled sum of Rs.1,50,000/- and her dowry other articles from the petitioner no.1 as per settlement of the parties but the petitioner no.1 born on 15.06.1994 as per copy Mark-A of his said Aadhaar Card, was not of the age of 21 years or more to 21 years at the time of her marriage performed on 29.10.2014 with the petitioner no.2 born on 25.05.1989 as per copy Mark-B of her Aadhaar Card and the marriage of the parties performed 29.10.2014 before attaining the age of 21 years by the petitioner no.1 thus was not valid marriage as per section 5 (iii) of the Hindu Marriage Act 1955 vide which the parties were required to fulfill the basic condition of the said section to the effect that the petitioner no.1 must have completed the age of 21 years and the petitioner 2 must have completed the age of 18 years but the petitioner no.1 could not fulfill the said condition for valid Hindu marriage as per said section of the Hindu Marriage Act. The parties were not required to file the present petition but were required to adopt the provision of section 13(2)(iv) of the Hindu Marriage Act as per view taken in Prem Kumari Vs M. Palani decided on 19.10.2011 by the Hon'ble Madras High Court. The parties only having the valid marriage can invoke the provision of the law of section 13-B of the Hindu Marriage Act for seeking decree of dissolution of their marriage but the parties having no valid marriage cannot invoke the said provision of law but have to follow the said provision of law for seeking decree of divorce as discussed in the referred citation and resulting of which, the contention of learned counsel of the parties is not found to be sustainable from any angle in favour of both the parties. The conditions of the provision of the section 13-B of the Hindu Marriage Act have not been satisfied by parties to petition for seeking no fault decree of dissolution of their marriage in said manner and resulting of which, there is no any such ground to accept the claim of the parties because the same stand of the parties is not found to be sustainable from any corner, as per circumstances of the case of the parties.”

3. Learned counsel for the appellant submitted that as on date, the appellant is aged about 31 years and the respondent is about 36 years and that even if, it is taken that the appellant was not of marriageable age at the time of solemnization of marriage, still at best, the said marriage could have been said to be a voidable marriage at that point of time but once the appellant had attained the age of 21