FA/178/2022
2022 Latest Caselaw 3233 UK

             IN THE HIGH COURT OF UTTARAKHAND
                                  AT NAINITAL
                 THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                          AND
                        THE HON'BLE SRI JUSTICE R.C. KHULBE

                      FIRST APPEAL NO. 178 OF 2022

                          29TH SEPTEMBER, 2022

BETWEEN:
Saurabh Kapoor & another                                      .....Appellants.
And

Nil                                                           ....Respondent.

Counsel for the Appellants : Mr. Anchit Khokher and Mr. Pradeep Chamyal, learned counsels.

The Court made the following:

JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)

Delay Condonation Application (IA No.02 of 2022)

The appellant seeks condonation of sixteen days

delay in preferring the present first appeal.

2. For the reasons stated in the affidavit filed in

support of the delay condonation application, we allow the

application and condone the delay.

First Appeal No.178 of 2022

3. The present appeal, under Section 19 of the Family

Court Act, is directed against the order dated 29.07.2022,

passed by the Family Court, Kashipur, District Udham Singh

Nagar in Civil Case No.258 of 2022.

4. By the impugned order, the joint petition preferred

by the parties to seek divorce by mutual consent under

Section 13B of the Hindu Marriage Act was rejected. The

reason for rejection was that the parties had got married on

13.04.2022, and the petition under Section 13B(1) was

preferred on 29.07.2022 along with an application under

Section 14 of the Hindu Marriage Act, to seek exemption to

present the petition before the expiry of the cooling-off period

of one year from the date of marriage.

5. We have perused the impugned order. The ground

for seeking exemption was clearly not made out in the facts

and circumstances of the case, in the light of the language

used by the Parliament in Section 14 of the Hindu Marriage

Act. In this regard, we may refer to the judgment of the Delhi

High Court in the case of "Rishu Aggarwal vs. Mohit

Goyal, 2022 SCC Online Del 1089", decided on

18.04.2022, which clearly covers the field.

6. Accordingly, we find no merit in this first appeal,

and the same is, hereby, dismissed.

(VIPIN SANGHI, C.J.)

(R.C. KHULBE, J.) Dated: 29th September, 2022 NISHANT