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High Court Of ChhattisgarhFAM/105/2016disposed off

Fakir Chand v. Smt. Salini Devi

2018-09-11Hon'Ble Shri Justice Manindra Mohan Shrivastava,Hon'Ble Shri Justice Gautam Chourdiya2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR FAM No. 105 of 2016 Fakir Chand S/o Ghanshyam Sahu, Aged About 36 Years Caste Teli, R/o Village Amlidih, Tahsil And P. S. Malkharaoda, District Janjgir Champa Chhattisgarh..........Applicant , Chhattisgarh ---- Appellant

Versus

Smt. Salini Devi W/o Fakir Chand Sahu, Aged About 34 Years Caste Teli, R/o Bharat Bhawan, Tiwari Para, Haroad Nagar, P. S. Shivrinarayan, District Janjgir Champa Chhattisgarh ........Non Applicant , Chhattisgarh ---- Respondent For Appellant :

Shri Ajay Chandra, Advocate For Respondent :

Shri Ravindra Sharma, Advocate D.B. : Hon'ble Mr. Justice Manindra Mohan Shrivastava & Hon'ble Mr. Justice Gautam Chourdiya Order on Board 11/09/2018

1. Appellant/husband- Fakir Chand and respondent/wife- Smt. Salini Devi both are present in the Court.

2. At the outset, learned counsel appearing for the parties having due instructions from the respective parties stated that in the changed circumstance and upon realization that marriage has irretrievably broken and there are no chance of revival of marital relation between the parties, without insisting on any allegation and counter allegation against each other, the parties intend to move application under Section 13-B of the Hindu Marriage Act before the Court of competent jurisdiction for grant of decree of divorce by mutual consent.

3. We also enquired from the parties who are present in the Court to make their position clear and they also stated before us that they are willing to

-2apply for grant of decree of divorce by mutual consent.

4. In that view of the matter, without recording any finding on the allegations and counter allegations, these proceedings are closed though with liberty to the parties to move application for grant of decree of divorce by mutual consent before the jurisdictional Family Court. Sd/- Sd/ ---- (Manindra Mohan Shrivastava) (Gautam Chourdiya) 5.

Judge Judge Praveen