Shiva Prahasith, vs To Whom So Ever Concerned
2023 Latest Caselaw 1898 Tel

  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.

    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