MAT.APP. (F.C.) 110/2021

Page 1 of 35

$~22

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment reserved on: 13.01.2022

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Judgment delivered on:18.04.2022

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MAT.APP. (F.C.) 110/2021 &CM APPL. 41458/2021

RISHU AGGARWAL

..... Appellant

Through:

Mr.

Rajesh

Aggarwal,

Mr.Mridul Aggarwal & Ms. Deeksha

Aggarwal, Advocates (both for appellant as

well as respondent).

Versus

MOHIT GOYAL

..... Respondent

Through:

Mr.

Rajesh

Aggarwal,

Mr.Mridul Aggarwal & Ms. Deeksha

Aggarwal, Advocates (both for appellant as

well as respondent).

Mr. Preetesh Kapur, Amicus Curiae.

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE

HON'BLE MR. JUSTICE JASMEET SINGH

J U D G M E N T O F T H E C O U R T

History/ Brief Facts:

1.

The appellant/ petitioner no. 1/ wife has preferred the present appeal

under Section 19 of Family Courts Act, 1984 to quash and set aside the

judgment dated 16.10.2021, passed by learned Principal Judge, Family

Court, North District, Rohini Courts, Delhi in HMA No. 1187 of 2021 titled

as Rishu Aggarwal and Mohit Goyal. The Family Court dismissed the

divorce petition by the impugned judgment, which was preferred by the

appellant/ petitioner no. 1/ wife and respondent/ petitioner no. 2/ husband

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001365

MAT.APP. (F.C.) 110/2021

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under Section 13B of HMA 1955 (hereinafter referred to as „the Act‟) for

dissolution of marriage by a decree of divorce by mutual consent. The

Family Court dismissed the application under Section 14 of the Act and,

consequently, the petition as well, as it was filed before the expiry of one

year from the date of marriage.

2.

The marriage between the appellant and the respondent was

solemnized on 04.04.2021 as per the Hindu rites and ceremonies at Ram

Nagar, Uttarakhand. The appellant, after marriage, shifted to the

matrimonial home of the respondent at Faridabad, Haryana.

3.

Soon after the marriage, marital differences cropped up between the

parties, and from 14.04.2021 onwards, they started living separately albeit in

the same house. On 29.07.2021, the appellant left her matrimonial home and

went to her parental house at Rohini, Delhi. The appellant and respondent

hardly lived together as husband and wife, and no child has been born out of

the wedlock.

4.

Notably, it is stated that the parties decided to live separately due to

temperamental differences. Their parents, relatives and friends made sincere

efforts to save their marriage and to reconcile the matter. However, all the

efforts were in vain and the parties could not settle their matrimonial

differences. Seeing no possibility of reconciliation, the appellant and the

respondent decided to seek dissolution of their marriage. Accordingly, they

executed an MOU dated 16.09.2021, settling their disputes and undertaking

to co-operate with each other to dissolve their marriage by mutual consent as

per the provisions of the Hindu Marriage Act, 1955. The parties have no

claims against each other, and there is no pending litigation between them.

5.

Thereafter, both parties returned/ exchanged the articles that were

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001365

MAT.APP. (F.C.) 110/2021

Page 3 of 35

given to each other at the time of marriage. The belongings, stridhan, etc., of

the appellant have also been returned by the respondent, and nothing is left

to be returned.

6.

Accordingly, in pursuance of the aforementioned MOU, a joint

petition under Section 13B (1) of the Act for dissolution of marriage by

mutual consent was filed by both the parties, incorporating the terms of

settlement arrived between the parties, as contained in the MOU.

7.

The parties filed the petition under Section 13B (1) along with an

application under the proviso to Section 14 of the Act, for leave to present

the petition before the expiry of the cooling-off period of one year from the

date of marriage.