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2009 DIGILAW 1950 (RAJ)

Dhanpuri v. Manju Devi

2009-09-08

VINEET KOTHARI

body2009
JUDGMENT 1. - In this appeal filed by the appellant - husband, against rejection of his divorce application under Section 13 of the Hindu marriage Act, during the pendency of this appeal, both the parties have filed an application under Section 13B of the Hindu Marriage Act for dissolution of marriage by mutual consent upon a compromise. 2. The marriage in question took place between the two parties on 6.12.2001 and the parties are said to be living separately since the year 2003. The parties have not lived together since the year 2003 and the said application under Section 13B of the Act duly signed by both the parties and both the counsels was presented before the Dy. Registrar (Judicial) on 25.2.2009. 3. On 25.2.2009, the matter was ordered to be listed after a period of six months after lapse of minimum stipulated period before a decree on such mutual consent could be granted by this Court. 4. On 1.9.2009, as lawyers were observing strike and only one of the parties, namely, the appellant - husband Mr. Dhanpuri was present, the matter was adjourned for today. 5. Both the parties are present in the Court and in presence of their counsels, the Court has ascertained their wish and both have agreed that their marriage may be dissolved by mutual consent by allowing application under Section 13B of the Act and in token of their acceptance, they have signed the order-sheet of today also. 6. In view of mutual consent of the parties, the marriage between the appellant - husband Dhanpuri and the respondent Smt. Manju Devi is dissolved by mutual consent under Section 13B of the Act. The decree may be made accordingly. 7. The appeal accordingly, stands disposed of.Appeal disposed of. *******