Smt. Reena Singh v. Anand Singh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR FAM No. 292 of 2018 • Smt. Reena Singh W/o Anand Singh Aged About 31 Years R/o Ward No. 17, Old Basti, Manendragarh, P. S. and Tahsil Manendragarh, District Korea, Chhattisgarh.

---- Appellant

Versus

• Anand Singh S/o Late Shri Dhram Singh Aged About 35 Years R/o Village Pal Danouli, Post Ogadi, P. S. And Tahsil Ogadi, District Surajpur, Chhattisgarh.

---- Respondent For Appellant : Mr. Ravindra Sharma, Advocate For Respondent : Ms. Sangeeta Soni, Advocate D.B.: Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Vimla Singh Kapoor Order on Board Per Manindra Mohan Shrivastava, J.

16/12/2019 Heard.

2.

The mediation report shows that the parties have settled their dispute and have jointly stated that they are prepared to apply for grant of decree by mutual consent by moving appropriate application under Section 13 (B) of the Hindu Marriage Act. 3.

Learned counsel for the appellant would argue that appropriate direction may be issued to the Family Court for waiving cooling period in view of the settlement and the background of the case. 4.

After hearing learned counsel for the appellant, this appeal is disposed off with the observation that in view of compromise entered into between the parties, it would be open for move appropriate application for grant of decree of divorce by mutual consent under the provision of the Hindu Marriage Act.

5.

Further in the event of such application being filed by both the parties, the Family Court said do well to expeditiously dispose off the matter by due consideration of prayer for waiving cooling period of six months and ensure that the settlement entered into be between the parties is given effect to at the earliest, in view of Supreme Court decision in Amardeep Singh Vs. Harveen Kaur, 2017 (8) SCC 746. 6.

Appeal is accordingly disposed off.

Sd/- Sd/- (Manindra Mohan Shrivastava) (Vimla Singh Kapoor) Judge Judge Pawan