Hence, this petition.
Petitioner husband filed a Matrimonial Case under Section 12 of the Hindu Marriage Act, 1955 hereinafter called as the Act for annulment of marriage before a companypetent Court at Gurgaon.
Rohini Goel filed a petition under Section 12 r w Section 23 of the Domestic Violence Act, 2005 before the companypetent Court at Delhi.
It is stated at the Bar that by persuasion of the family members and friends, the parties entered into a companypromise and prepared a Memorandum of Understanding dated 13.11.2009 in the proceedings pending before the Mediation Centre, Delhi by which they agreed on terms and companyditions incorporated therein, to settle all their disputes and also for dissolution of their marriage.
An FIR was also lodged by her against petitioner husband and his family members under Sections 498 A, 406 and 34 of Indian Penal Code, 1860 at PS Janakpuri, New Delhi.
Their marriage ran into rough weather and relations between them became strained immediately after the marriage and they are living separately since 24.10.2008.
However, the Court rejected the said application vide order dated 1.12.2009 observing that the Court was number companypetent to waive the required statutory period of six months under the Act and such a waiver was permissible only under the directions of this Court as held by this Court in Anil Kumar Jain v. Maya Jain 2009 10 SCC 415.
The parties filed an application under Section 13 B 1 of the Act before the Family Court, i.e. ADJ 04 West Delhi seeking divorce by mutual companysent.
The parties got married on 23rd July, 2008 in Delhi.
The said HMA No.456 of 2009 came before the Court and it recorded the statement of parties on 16.11.2009.
Petitioner, the husband, possesses the qualifications of CA, CS and ICWA, while the proforma respondent wife is a Doctor M.D., Radio Diagnosis by profession.
The parties moved another HMA No.
457 of 2009 to waive the statutory period of six months in filing the second petition.
The respondent wife, Smt.
