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High Court Of ChhattisgarhFAM/10/2015disposed off

Tarun Kumar Gautam v. Smt.Leena Gautam

2018-01-04Hon'Ble Shri Justice Prashant Kumar Mishra,Hon'Ble Shri Justice Ram Prasanna Sharma2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR FAM No. 10 of 2015 • Tarun Kumar Gautam S/o Leela Gautam Aged About 29 Years R/o Netaji Subhash Road Ramnagar (Near Jahaj Building) Bhilai, Teh.& Distt Durg (C.G.) ---- Petitioner

Versus

• Smt.Leena Gautam W/o Traun Kumar Gautam Aged About 27 Years R/o Sector 4, Street No. 39, Qr. No. 4/B, Bhilai Nagar, Tehsil & District Durg (C.G.) ---- Respondent For Appellant Mr. Rajesh Jain, Advocate For Respondent /State Mr. Anup Majumdar, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Hon'ble Shri Justice Ram Prasanna Sharma Order On Board by Prashant Kumar Mishra, J.

4/1/2018

1. Heard.

2. Both the parties are present before the Court today to verify and accord mutual consent to the decree for divorce as claimed in IA No.03, an application for decree of divorce on mutual consent, preferred on 27.6.2017.

3. More than 06 months' have elapsed after moving the said

application. The parties are residing separate since the year 2012 and there is no possibility of their mutual settlement for living together.

4. Although, an independent proceeding under Section 13-B of the Hindu Marriage Act, 1955 (in short "the Act, 1955") was not preferred, however, considering the fact that the application (IA No.3) for divorce on mutual consent is pending for more than 6 months, in the interest of justice, we permit the parties to move this application for grant of divorce by mutual consent, as permissible under Section 13-B of the Act, 1955.

5. Accordingly, IA No.3 is allowed and a decree for divorce on mutual consent is passed to dissolve their marriage solemnized on 17.2.2012.

6. The respondent wife is not claiming maintenance at present because she is employed as Assistant Teacher (Panchayat). However, it shall remain open for the respondent to claim maintenance in future, if any such eventuality arises.

7. The appeal is disposed of in the above stated terms. A decree be drawn accordingly.

Sd/- Sd/- Judge Judge ( Prashant Kumar Mishra) (Ram Prasanna Sharma) Shyna