Santosh Kumar Sahu v. Smt. Ashalata Sahu

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • Santosh Kumar Sahu S/o Shri Kapil Sahu, Aged About 32 Years R/o Village Khokhri, P.S. Sheorinarayan, Tehsil Pamgarh, District Janjgir-Champa, Chhattisgarh ---- Petitioner

Versus

• Smt. Ashalata Sahu W/o Shri Santosh Kumar Sahu, Aged About 25 Years R/o Village Khokhri, Tehsil Pamgarh, Presently Residing At Tiwari Para Kharod, P.S. And Tehsil Pamgarh, District JanjgirChampa, Chhattisgarh ---- Respondent For Appellant Mr. Shakti Singh Thakur, Advocate For Respondent Mr. Ravindra Sharma, Advocate DB:

Hon'ble Mr. Justice Prashant Kumar Mishra & Hon'ble Mrs. Justice Rajani Dubey Order On Board by Prashant Kumar Mishra, J.

9/3/2021

1. Heard.

2. Appellant Santosh Kumar Sahu and respondent Smt. Ashalata Sahu are present before this Court to press their application (IA No.3) under Section 13-B of the Hindu Marriage Act, 1955 for issuance of decree of divorce by mutual consent. They are identified by their respective counsel.

3. The application was filed on 27.1.2021 and 6 months' cooling of

period has not elapsed yet we are willing to consider the application for the reason that the parties, who were married on 17.5.2013, are living separate since 4.8.2014 and have no issues from their wedlock.

4. Both the parties would submit that they have finally decided to part ways by seeking decree of divorce by mutual consent. The respondent-wife states that she has received the entire "Streedhan", permanent alimony, maintenance etc. and have no dues or claims remaining to be settled. The parties have also filed Annexure A-2 captioned as "Samjhotanama" stating the details of terms and conditions, on the basis of which, the present application has been filed. The "Samjhotanama" shall be a part of the decree of divorce.

5. In view of the above, IA No.3 is allowed and the marriage between the parties solemnized on 17.5.2013 is dissolved by a decree of divorce by mutual consent. The "Samjhotanama" (Annexure A-2) filed with the application shall be a part of the decree.

6. The appeal is disposed of. A decree be drawn accordingly.

7. Both the parties shall bear their respective costs. Sd/- Sd/- ( Prashant Kumar Mishra) (Rajani Dubey) Judge Judge Shyna