The Patna High Court allowed a miscellaneous appeal regarding a judgment dissolving a marriage at the Family Court, Vaishali. The court recorded that both parties had consented to divorce without alimony and set aside the impugned judgment.
Decree dissolving the marriage of appellant with respondent be drawn up; judgment of Family Court set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.851 of 2011 =========================================================== Nitu Kumari Singh D/O Sri Nawal Kishore Singh W/O Sri Manish Thakur Resident Of Village - Pattilhi, P.O. + P.S. - Hajipur Sadar, Distt.- Vaishali .... .... Petitioner/Appellant Versus Sri Manish Thakur S/O Sri Naresh Thakur Resident Of Village - Gopalpur, P.S. - Vaishali, Dist.- Vaishali .... .... Defendant/Respondent =========================================================== Appearance : For the Appellant/s : Mr. Farooque Ahmad Khan, Advocate Mr. Surendra Kishore Thakur, Advocate Mrs. Madhavi , Advocate For the Respondent/s : Mr. Manish Thakur (In person) =========================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE V.N. SINHA) Date: 09-04-2015
In the light of our order dated 19.03.2015, respondent, Manish Thakur has been produced from Nashik Road Central Prison, Nashik by the escort party. Appellant has appeared along with her counsel and father.
Both appellant and respondent have agreed to dissolve their marriage with consent and with further understanding that they will not interfere with each other’s life in any manner, but without any precondition. The appellant has also agreed not to demand any alimony from the respondent in lieu of dissolution of the marriage. In
Patna High Court MA No.851 of 2011 dt.09-04-2015
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token of the fact that the marriage of the appellant with the respondent has been dissolved with their consent, we call upon both the appellant and the respondent to put their signature in the margin of the ordersheet.
Let a decree dissolving the marriage of appellant with respondent be drawn up.
The judgment dated 20.09.2011 passed by Principal Judge, Family Court, Vaishali at Hajipur in O.S. Case No. 35 of 2011 is set aside and the appeal is, accordingly, allowed.
The escort party Incharge P.S.I., Sri M.K. Pote Satpur, P.S. Nashik should take the respondent to Nasik Road Central Jail and produce him before the Superintendent of the said jail.
(V.N. Sinha, J.)
(Ahsanuddin Amanullah, J.)
Arjun/-
U T
3 issues framed by the court
Whether the appeal regarding dissolution of marriage should be allowed given mutual consent.
Whether the appellant is entitled to alimony in lieu of dissolution of marriage.
Whether the judgment dated 20.09.2011 passed by the Family Court, Vaishali should be set aside.
1 provisions across 1 enactments
Nitu Kumari Singh
Sri Manish Thakur
V.N. Sinha
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
