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Judgment
Vipin Sanghi, CJ
Delay Condonation Application (IA No.02 of 2022)
The appellant seeks condonation of sixteen days delay in preferring the present first appeal.
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
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.
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.
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.
Accordingly, we find no merit in this first appeal, and the same is, hereby, dismissed.