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High Court Of ChhattisgarhFAM/145/2015dismissed

Pradeep Kumar Khare v. Smt. Suman Ratre

2019-07-23Hon'Ble Shri Justice Manindra Mohan Shrivastava,Hon'Ble Smt. Justice Vimla Singh Kapoor2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR FAM No. 145 of 2015 • Pradeep Kumar Khare S/o Shree Shiwdayal Khare, Aged About 32 Years R/o Village Pamgarh, At Present Village Bhilouni, P. S. And Tahsil Pamgarh, District Janjgir Champa Chhattisgarh ---- Appellant

Versus

• Smt. Suman Ratre W/o Pradeep Kumar Khare, Aged About 32 Years Shiksha Karmi Grade - 3, Asst. Panchayat Teacher, At Present Posted At Govt. Primary School, Amaldiha, P. O. Tundari, P. S. Bilaigarh, District Baloudabazar, Earlier Posted At Primary School Lukapara, P. S. Pouni, Tahsil Bilaigarh, District Baloudabazar Chhattisgarh --- Respondent For Appellant :

Ms. Ranjana Singh Tomar, Advocate.

For Respondent :

Mr. Ravindra Sharma, Advocate.

DB : Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Vimla Singh Kapoor Order On Board 23/07/2019 Heard.

1. In this case, on the previous date of hearing, though, possibility of amicable settlement between the parties had emerged, today, learned counsel for the parties submit that the parties have principally agreed to seek decree of divorce by mutual consent on certain agreed terms and conditions.

2. In view of the above, learned counsel for the appellant prays, which is not opposed by the other side, that the appellant be permitted to take the appropriate remedy of seeking divorce by mutual consent. At this stage, therefore, the appellant does not wish to press this appeal.

3. Placing on record the submission of respective counsel regarding their agreement for seeking decree by mutual consent, on terms and conditions agreeable to both of them, this appeal, at this stage, is dismissed as withdrawn. In case, any application for grant of decree of divorce by mutual

consent as provided under Section 13-B of the Hindu Marriage Act is filed, the same shall be decided expeditiously and at the earliest. However, if the parties pray for waiver of cooling off period in view of Supreme Court decision in the case of Amardeep Singh v. Harveen Kaur, 2017 (8) SCC 746 that shall also be given due weightage by the learned Family Court. Sd/- Sd/- (Manindra Mohan Shrivastava) (Vimla Singh Kapoor) Judge Judge Ravi