Ashish Sharma v. Deepshikha Tiwari

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR FAM No. 62 of 2017 • Ashish Sharma S/o Anil Sharma, Aged About 32 Years Pharmacist, Mahalpara, Baikunthpur, Distt. Korea, Chhattisgarh. ---- Appellant

Versus

• Deepshikha Tiwari Aged About 27 Years Staff Nurse, W/o Ashish Sharma, D/o P.N.Tiwari, Village Bhaandi, Baikunthpur, Distt. Korea, Chhattisgarh.

---- Respondent For Appellant Shri Raja Sharma, Advocate.

For Respondent Shri Ashok Kumar Shukla, Advocate.

Hon'ble Shri Justice Prashant Kumar Mishra Hon'ble Shri Justice Ram Prasanna Sharma Order On Board by Hon'ble Prashant Kumar Mishra J.

12/02/2018

1. Heard.

2. Both the parties are present to press the application dated 09.08.2017 (I.A. No.01) for grant of divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955.

3. On 17.08.2017 also the parties were present and prayed for passing the decree for divorce by mutual consent, however, this Court thought it fit to post the matter after 6 months allowing the parties to reconsider their decision, if they so desire, during this cooling off period.

4. The parties would now express that they would still seek the decree for divorce by mutual consent as they have finally decided to resolve the present issue about divorce.

5. Since the parties are residing separate from 5th of August, 2013 and there is no possibility of their reunion, this Court deems it appropriate to allow the parties to dissolve their marriage by decree of divorce by mutual consent.

6. Accordingly, I.A. No. 01 is allowed and the marriage between the parties solemnized on 12.05.2013 is dissolved by decree of divorce by mutual consent, without prejudice to their any other rights and liabilities arising out of the marriage under any law in force.

7. A Decree be drawn accordingly.

Sd/- Sd/- Judge Judge Prashant Kumar Mishra Ram Prasanna Sharma Akhilesh