S.B.MAJMUDAR, V.N.KHARE
Kiran – Appellant
Versus
Sharad Dutt – Respondent
S.B.MAJMUDAR, J.
(1) LEAVE granted.
(2) WE have heard learned counsel for the parties finally in this appeal.
(3) DURING the pendency of the proceedings at Special Leave Petition stage there was a development by which the parties agreed to get divorce by mutual consent. The matter was therefore, adjourned. We are happy to note that the consent terms came to be filed on these lines duly signed by the appellant-wife as well as respondent-husband and also by their Advocates-on-record. We have gone through I.A.No.3 of 1999 which has been jointly moved by both the parties for getting a decree of divorce by mutual consent. In our view, the terms suggested are quite fair. We find that both the parties are living separately since years and they are not in position to see eye to eye and live together. They are not blessed with any child. Therefore, the prayer in original Hindu Marriage Petition No.584 of 1988 which was for divorce on the ground of alleged desertion and cruelty by wife and also under Section 11 of the Hindu Marriage Act wherein the respondent-husband sought a decree for nullity on the ground that there was no custom of marriage between th
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