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2019 Supreme(SC) 625

UDAY UMESH LALIT, INDU MALHOTRA
GANESH – Appellant
Versus
SUDHIRKUMAR SHRIVASTAVA – Respondent


Advocates Appeared:
For the Petitioner: Mr. Santosh Paul, Sr. Adv. (Amicus Curiae), Mr. Subhranshu Dash, Adv., Ms. Shreya Mahalwar, Adv.
For the Respondent: Ms. Rukmini Bobde, AOR (Amicus Curiae).

ORDER :

1. Leave granted.

2. Heard Mr. Santosh Paul, learned senior counsel who assisted this Court as Amicus Curiae on behalf of the appellant-husband and Ms. Rukmini Bobde, learned counsel who assisted this Court as Amicus Curiae on behalf of the respondent-wife.

3. In the present matter, the parties had entered into consent terms. The Principal Judge, Family Court, Aurangabad took the Consent Terms on record in Petition No.A-192/2017 and passed Order dated 08.11.2017 in terms thereof. The text of the Order passed by the Principal Judge, Family Court, Aurangabad reads as under:

“Petition was filed by the applicant no.1 for divorce, according to Section 13(1)(ia)(ib) in the Hindu Marriage Act, 1955, against the applicant no.2 in the Court. While the case was pending, the two parties were sent to the counselor. According to the Counsellor’s Report, Exh. No.11, both the parties decided to take divorce themselves and the counselor after independence and with mutual consent after the efforts of the Counsellor failed.

Marriage of applicants 1 and 2 on 09.12.2019 Radhakrishna Mangal Karya, CIDCO, Aurangabad was conducted as per Hindu Dharma and Customary. From this marriage, the girl namely






























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