HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
C.R.P.No.2344 of 2023
ORDER:
This Civil Revision Petition is filed aggrieved by the orders passed by the Judge, Family Court, Ranga Reddy District at L.B.Nagar, in F.C.O.P. S.R.No. 3923 of 2023 dt.14-07-2023, in not entertaining and rejecting the diverse petition on the ground that mutual consent petition filed under Sections 13 and 14 of the Hindu Marriage Act, 1955 (for brevity 'the Act, 1955'), without waiting for the statutory period of one year. Aggrieved by the same, the present Civil Revision Petition is filed.
2. Heard Sri Vijay B. Paropkari, learned counsel for the petitioner.
3. It has been contended by the petitioner that the petitioner is entitled to file the application under Section 13-B of the Hindu Marriage Act, 1955 even before the statutory period of one year, and in support of his contention, he has relied upon a judgment 2 AKS,J C.R.P.No.2344 of 2023 rendered by this Court in In Re: Nakul Manchanda and another 1, wherein this Court has allowed the Revision Petition and came to a conclusion that mutual divorce petition under Section 13-B of the Act, 1955 can be filed even before completion of one year. In view of the same, the present Revision Petition also be disposed of directing the Court below to entertain the mutual diverse petition filed by the petitioner and pass appropriate orders in accordance with law.
4. This Court having considered the submissions made by the learned counsel for the petitioner, is of the considered view that the present Civil Revision Petition can be disposed of following the orders of this Court in In Re: Nakul Manchanda (1 supra) and the Court below is directed to entertain the application filed by the petitioner under Section 13-B of the Hindu Marriage Act, 1955.
5. With these observations, the Civil Revision Petition is disposed of. No costs.
1
C.R.P.No.2331 of 2022 dt.02-11-2022
3 AKS,J
C.R.P.No.2344 of 2023
6. As a sequel, the miscellaneous petitions pending, if any, shall stand closed.
______________________________________ JUSTICE ABHINAND KUMAR SHAVILI Date: 01-09-2023 kvr