Abhishek Jar v. Smt. Nivirthi Gupta Kudarya

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet FAM No. 38 of 2016 Abhishek Jar Versus Smt. Nivirthi Gupta (kudarya) 20/01/2017 Shri Vivek Sharma, counsel for the appellant. Shri Sumit Singh, counsel for respondent.

Appellant Abhishek Jar and respondent Smt. Nivirthi Gupta are also present in person.

Challenge in the present appeal is to the judgment and order dated 30.09.2015 passed by the Second Additional Principal Judge, Family Court, Durg, whereby the Court below has rejected the application filed by the appellant/husband under Sections 13 (1)(i a), 13(1)(i b) and 13(1)(iii) of the Hindu Marriage Act, 1955 (for short 'the Act').

After filing this appeal, on 15.07.2016 a joint application (I.A.No.03/2016) was filed by both the parties under Section 13-B of the Act, and on 15.07.2016 while entertaining the said application this Court had fixed the matter after six months and thus it is listed today. On appellant and the respondent both being questioned by this Court, they submitted that they have decided to live separately and want divorce. They further informed that there is absolutely no chance of conciliation and want to start their lives afresh.

Let both the appellant and the respondent appear before the Registrar (Judicial) today itself. Registrar (Judicial) in turn is directed to record the statements of both the appellant and the respondent and then send the matter back to this Court immediately.

Sd/- Sd/- (Pritinker Diwaker) (R.C.S. Samant) Judge Judge vijay