Smt. Rubi Goyal And ANR v. Nil

IN_THE HIGH COURT OF CHHATTISGARH AT BILASPUR FAMNO, 66 ./2015 APPELANTS Smt. Rubi Goyal W/o Lalit Garg D/o Narayan Prasad Goyal aged about 33 years Occupation - House wife R/o Archis Gift Gailry Main Road Sitapur ^•^sss^.

^••^^•^•"'^•^- Distt-Surguja (C.G.) Lalit Garg S/o Shri Rounak Chandra Garg aged about 36 years Occupation Business Permanent AddressKashmiri Gali Ambikapur RoadPathalgaon Distt- Jashpur (C.G)

Present

Address House of Sanjay Singh Shivnandanpur -Vishrampur Distt- Surajpur (C.G)

VERSUS

'NON APPLICANT Nil MEMORANDUM OF APPEAL UNDER SECTION 19 (1) OF THE FAMILY COURT ACT r;u

HIGH COURT OFCHHATTISGARH. BILASPUR F.A.(MlNo.66of2015

1. Smt. Rubi Goyal W/0 Lalit Garg, D/o Narayan Prasad Goyal, Aged About 33 years, QccupationHouse wife, R/0 Archis Gift Gailry, Main Road Sitapur, District- Surguja, Chhattisgarh

2. Lalit Garg S/0 Shri Rounak Chandra Garg, Aged About 36 Years, Occupation Business, Permanent Address- Kashmiri Gali Ambikapur RoadPathalgaon, District- Jashpur, C.G. Present Address House Of Sanjay Singh Shivnandanpur - Vishrampur, District- Surajpur, Chhattisgarh -- Appellants

Versus

Nil - Respondent For Appellants.

For Respondent No.

Mr.A.N. Pandey, counsel.

None Hon'ble Shri Justice T. P. Sharma Hon'ble Shri Justice Inder Sinah Uboweia Order On Board 15/06/2015 This is an appeal filed under Section 19 (1) of the Family Court Act by the parties against the judgment and decree dated 31.03.2015 passed by the Judge, Family Court, Ambikapur, District Surguja (C.G.), in Civil Suit No.126-A/2014, whereby the trial Court has dismissed the suit for dissolution of marriage by decree of divorce with consent under Section 13(B) of Hindu Marriage Act, 1955. As per finding, copy of plaint and copy of deposition of the parties, parties have failed to prove the fact that at the time of filing petition for divorce with consent they were residing separately since last one year.

In absence of such legal requirement, by dismissing the petition, the trial Court has not committed any illegality. "lEP^1 •"Wr IS K^

^'

7J ^fe^'..^'

"'•-s;;^^^''*''

3.

Consequently, we do not find any substance in this appeal. The appeal being devoid of merit is liable to be dismissed and is hereby dismissed.

4.

Parties are at liberty to take appropriate step for their divorce. 5.

No order as to costs.

sd/- ^p Sha»-<"a )udg® SdA.^-:.

Inder Singfl Dboweja Judge '.I