D.B.CIVIL MISC.
APPEAL NO.670/2014 Kanhaiya Lal & Anr.
V/S Family Court, Udaipur 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER
D.B.CIVIL MISC.
APPEAL NO.670/2014 Kanhaiya Lal & Anr.
V/S Family Court, Udaipur DATE OF ORDER
:: 10th October, 2014 PRESENT HON'BLE Mr.JUSTICE GOVIND MATHUR HON'BLE Mr.JUSTICE VIJAY BISHNOI Mr.Bharat Shrimali, for appellants.
BY THE COURT:- This Misc.
Appeal is preferred to challenge the order dated 24.03.2014 passed by learned Judge, Family Court, Udaipur by the order aforesaid, whereby the learned Judge, Family Court, Udaipur rejected an application preferred by the appellants as per the provisions of Section 13B of Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act of 1955').The facts in brief are that the appellant No.1 and appellant No.2 entered into a wedlock on 28.06.2012 as per hindu customs and rituals at Udaipur.
A couple soon after their marriage preferred an application under Section 13B of the Act of 1955 seeking direction to annul their marriage by consent.
The application came to be dismissed being premature on the count that the same was filed prior to a period of one year from the date of last co obeta.
In the instant appeal the argument advanced by learned counsel for the appellant is that the appellants were living separately since 08.07.2012, therefore, the application was not premature.
This matter came before us on 17.09.2014.
Looking to facts D.B.CIVIL MISC.
APPEAL NO.670/2014 Kanhaiya Lal & Anr.
V/S Family Court, Udaipur 2 of the case we considered it appropriate to direct the appellants to remain personally present before us.
Accordingly, the appellant No.1 Mr.Kanhaiya Lal Sanadiya S/o Mr.Bhagwati Lal Sanadiya and Ms.Khushalata Sharma D/o Mr.Laxmi Narayan Sharma, as identified by their counsel Mr.Bharat Shrimali are present before us.
On asking both the appellants stated that they want to get their marriage annulled mutually.
We are having no doubt about their free will and mutual acceptance in getting their marriage annulled.
Suffice to mention that in any case now a period of more than one year has already been passed from the date of filing application under Section 13B of the Act of 1955.
Looking to all these facts and circumstances noticed above we deem it appropriate to accept this appeal.
Accordingly, the same is allowed the marriage of appellant No.1 Mr.Kanhaiya Lal Sanadiya S/o Mr.Bhagwati Lal Sanadiya and Ms.Khushalata Sharma D/o Mr.Laxmi Narayan Sharma that took place on 28.06.2012 at Vidhya Niketan School, Hiran Magri, Sector 4, Udaipur is hereby annulled as per provisions of Section 13B of the Act of 1955.
The office is directed to prepare and issue necessary decree in consonance with the directions given.
[VIJAY BISHNOI]., J.
[GOVIND MATHUR]., J.
Abhishek 65