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2007 Supreme(Bom) 1059

A.B.CHAUDHARI
Sonali w/o Manishkumar Chandak – Appellant
Versus
Anil – Respondent


JUDGMENT

1. Rule. This petition is taken up for final disposal as per the request made by the counsel for the petitioners.

2. By the present petition, order dated 25.6.2007 in Hindu Marriage Petition NO. F-87/2007 below Ex.7 passed by Family Court No.2, Nagpur, is impugned.

3. Facts :

Petitioners no.1 and 2 were married on 31.5.2001. The marriage between them broke down irretrievably and since January 2006 they are living separately. All efforts for reconciliation have failed. Both the petitioners have filed a petition for divorce by mutual consent under Section 13-B of Hindu Marriage Act, 1955 before the Family Court at Nagpur, on 3.5.2007. On certain consent terms, after filing of the petition, the Conciliator, Family Court, Nagpur, interviewed both the petitioners in the conciliation proceedings, but to no use. The Conciliator, therefore, submitted failure report to the Judge, Family Court No.2, Nagpur. Thereafter the Family Court posted the proceedings on a date beyond six months, i.e. on 12.11.2007. The petitioners being young by age and having bright prospects of being re-married, filed an application Ex.7 on affidavit sworn by both the petitioners with a prayer to waive the







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