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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 127 FAO-3356-2025 Date of decision: 22.05.2025 KARTIK SONI ..Appellant Versus PARUL SONI ..Respondent CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE VIKAS SURI
Present: Mr. Davinder Pal Soni Joura, Advocate for the appellant. Mr. Vikas Bishnoi, Advocate for respondent. * * * * ANIL KSHETARPAL
, J. (Oral)
1. The challenge is to correctness of order passed by the Family Court on 05.05.2025 while dismissing application under Section 24 of the Hindu Marriage Act, 1955 (in short ‘1955 Act’) for permission to file petition under Section 13-B within a period of one year from the date of marriage. 2. In this case, the marriage between the parties took place on 17.11.2024, whereas, the parties are stated to be residing separately from 18.11.2024 i.e. the next date of the marriage. It is also alleged that marriage was consummated and with the intervention of the elders, the parties agreed to dissolve the marriage by mutual consent. The parties are of marriageable age and they want to move on with their lives. 3. The petition under Section 13-B of the ‘1955 Act’ along with an application under Section 14 of the ‘1955 Act’ was filed on 25.04.2025. MOHD AYUB 2025.05.26 13:20 I attest to the accuracy and authenticity of this order/judgment. FAO-3356-2025 -2-
4. It has been disclosed that the parties have finally decided to dissolve the marriage by way of decree of divorce and there are no chances of residing together. 5. In Mandeep Kaur Bajwa, Vs. Chetanjeet Singh Randhawa, 2015 (40) RCR (Civil) 198, the Court after considering the marriageable age of the parties as well as the fact that the parties lived together as husband and wife for about 3 to 6 months after marriage, their application filed under Section 14 of the ‘1955 Act’ was allowed. 6. Similar view was taken in FAO-3897-2022, titled as “Manpreet Kaur Vs. Gagandeep Singh, decided on 15.12.2022. 7. Keeping in view the aforesaid discussion, this Court is of the considered opinion that there are sufficient grounds to allow the application filed under Section 14 of the ‘1955 Act’ for waiving of mandatory period of one year of marriage/separation. 8. Hence, impugned order passed on 05.05.2025 is set aside, while allowing the present appeal. 9. Consequently, the petition filed under Section 13-B of the ‘1955 Act’ is restored to its original number. 10.
The parties through their learned counsel are directed to appear before the Family Court on 29.05.2025. (ANIL KSHETARPAL)
JUDGE (VIKAS SURI) May 22nd, 2025
JUDGE Ayub Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHD AYUB 2025.05.26 13:20 I attest to the accuracy and authenticity of this order/judgment.