Couple fails to get divorce for not living separately for a yr

The couple had jointly moved the court saying they had married in February this year,but began living separately from April due to temperamental differences.

They married on February 14,2012 and they have been living separately since April 12. They have filed the joint petition on May 23,before expiry of statutory period of one year.

“In other words,the basic and fundamental ingredient,as laid down in section 13 B (1) of the Hindu Marriage Act,is not existing in the present case. Accordingly,the present petition is premature. Hence the same is dismissed,” the court said.

As per section 13 B (1) of the Hindu Marriage Act,the divorce decree can be granted to a couple by mutual consent only after they live separately for a year or more.

The judge,however,granted liberty to the 31-year-old man and 30-year-old woman to move a fresh petition after living separately for a year.

The couple said their marriage was solemnised in Deogarh Mahal in Rajasthan and after their marriage,they were living in Mumbai but they have been living separately as their marriage could not be consummated.

The couple said they were not able to live together on account of temperamental differences,despite their relatives’ bid for reconciliation between them.

They had moved the court for divorce before completion of one year of separation saying that they are “young” and of “marriageable age”.

“No fruitful purpose will be served by keeping the matter pending when both of them cannot live together and it would be in the interest of justice that statutory period of one year be waived off,” the plea said.

The court,however,dismissed the application saying it was not “maintainable”.

The couple also said they have amicably settled their disputes regarding maintenance and marriage expenses and there will no litigation between them in future. But the court did not accede to their pleas.