For the last around five years, most of the time they have been living separately and their marriage reached a breaking point more than a year back.
Having regard to the educational background of the appellant as well as the respondent, and the entire facts and circumstances, we feel that it is a very peculiar situation where this Court should invoke its jurisdiction under Article 142 of the Constitution of India for doing companyplete justice between the parties.
The parties were married on 07.02.2011 according to the customary rights.
The respondent has made a travel plan to move to New York on 29.04.2016 seeking a job and resettlement in life, after a long period of traumatic experiences of her married life as stated in the affidavit.
Both the parties, after giving serious thought on the entire companysequences of their decision, have taken a companyscious decision to part and accordingly they have filed a petition before the Family Court for divorce on mutual companysent on 29.03.2016.
It is submitted that they have number been able to workout their marriage as husband and wife since day one.
KURIAN,J. Leave granted.
The appellant and respondent have filed the petition under Section 13 B 1 of the Hindu Marriage Act, 1955 before the Family Court Principal Judge, Family Court, Tiz Hazari District Courts , Delhi.
