Milind Appa Mahajan v. Nirmala Milind Mahajan

1 90-WP.7624-20 oral Jud.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.7624 OF 2020 Milind Appa Mahajan, Aged : 35 years, Occu. Agri., R/o Pahan, Tq. Pachora, District Jalgaon.

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Petitioner.

Versus

Nirmala Milind Mahajan, Aged : 28 years, Occu. Household, R/o Picharde, Tq. Bhadgaon, District Jalgaon.

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Respondent.

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Advocate for Petitioner : Mr. Mukul Kulkarni h/f Mr. P. V. Barde. Advocate for Respondent : Mr. Kunal A. Kale.

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CORAM : V. K. JADHAV, J.

DATE : 23.11.2020 ORAL JUDGMENT :- 1.

Heard finally at admission stage by consent. Rule. Rule made returnable forthwith.

2.

It appears that the petitioner and the respondent have filed the application bearing Hindu Marraige Petition No.124 of 2020 for mutual divorce under Section 13(B) of the Hindu Marraige Act. They got married on 15.05.2011 and out of their marital wedlock they have two daughters. It appears that

2 90-WP.7624-20 oral Jud.odt the petitioner and the respondent both have filed an application to waive the statutory period of six months for obtaining the decree of divorce at Exh.8, however, the Civil Judge Senior Division, Jalgaon by impugned order dated 27.10.2020 has rejected the said application. It appears that all the efforts for mediation and counciliation to revert the parties have been failed. According to the parties, they have settled their disputes including alimony, custody of child and other pending issues. In view of the same, there was no reason for the learned Judge to reject the application Exh.8. 3.

Thus, considering the entire aspect of the case, I proceed to pass the following order :

ORDER

(i) Writ Petition is hereby allowed in terms of prayer clause "A" and "B".

(ii) Writ Petition is accordingly disposed off. (iii)Rule made absolute in the above terms.

(V. K. JADHAV, J.) ...

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