Pradeep Sahu v. Smt. Priya Sahu

Court No. - 39 Case :- FIRST APPEAL No. - 1255 of 2023 Appellant :- Pradeep Sahu Respondent :- Smt. Priya Sahu Counsel for Appellant :- Suresh Kumar Gupta Hon'ble Saumitra Dayal Singh,J. Hon'ble Shiv Shanker Prasad,J.

¶1Having heard Shri Suresh Kumar Gupta, learned counsel for the appellant, we find no good ground to interfere in the order dated 7.10.2023 passed by Principal Family Judge, Kanpur Nagar, rejecting the application filed by the appellant under Section 14 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) seeking waiver of the mandatory period of one year from the date of marriage.

¶2Admittedly, both parties got married on 23.02.2023 whereas divorce petition has been instituted by the appellant under Section 13 of the Act in October 2023 itself i.e. within eight months.

¶3Whatever be the correctness or otherwise in the fact allegations made in the divorce petition, at the moment, those allegations are wholly ex-parte.

¶4In the context of the recent marriage and it not being the case of joint petition filed under Section 13B of the Act, we find, parties must abide by the timelines provided under the Act for the purpose of dissolution of marriage sought by the appellant.

¶5Accordingly, the present appeal is dismissed. It is however left open to the appellant to file fresh petition upon passage of due time. If such motion is brought before the learned court below, the same may be tested on its own merits, without being prejudiced by observations made in this order or order impugned in the present appeal. Order Date :- 21.11.2023 Prakhar (Shiv Shanker Prasad, J.) (S. D. Singh, J.) High Court of Judicature at Allahabad