Disposed

Fakir Chand v. Smt. Salini Devi

Chhattisgarh HC11 Sept 2018FAM/105/2016

Case brief

AI extract

What is this about?

In a matrimonial proceeding where the husband and wife were present and expressed willingness to seek divorce by mutual consent under Section 13-B of the Hindu Marriage Act, the Court closed the present proceedings without recording findings on allegations, allowing the parties to file the divorce application separately.

What did the court decide?

Present proceedings closed; liberty granted to move application for divorce by mutual consent before the Family Court.

Fakir Chand Vs Smt. Salini Devi — Matrimonial and Divorce | Chhattisgarh HC (2018)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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FAM No. 105 of 2016

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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

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Versus

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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

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---- Respondent

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For Appellant : Shri Ajay Chandra, Advocate For Respondent : Shri Ravindra Sharma, Advocate

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D.B. : Hon'ble Mr. Justice Manindra Mohan Shrivastava & Hon'ble Mr. Justice Gautam Chourdiya

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Order on Board

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11/09/2018

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

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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.

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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

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apply for grant of decree of divorce by mutual consent.

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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.

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Sd/Sd/ ---(Manindra Mohan Shrivastava) (Gautam Chourdiya) Judge Judge

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Praveen

Fakir Chand v. Smt. Salini Devi

Case brief

What is this about?

What did the court decide?

Fakir Chand v. Smt. Salini Devi

Case brief

What is this about?

What did the court decide?

What the court decided

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