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2019 Supreme(Chh) 1107

MANINDRA MOHAN SHRIVASTAVA, VIMLA SINGH KAPOOR
Rashmita Patel D/o. Shri Vishikeshan Patel, W/o. Vivekanand Patel – Appellant
Versus
Vivekanand Patel, S/o. Late Shri Motilal Patel – Respondent


Advocate Appeared:
For the Appellant :Mr. K.N. Nande, Advocate
For the Respondent:Mr. Alok Bakshi and Mr. Chandresh Shrivastava, Advocates

JUDGMENT :

Manindra Mohan Shrivastava , J.

1. This appeal is directed against the impugned judgment and decree dated 06.11.2017 passed by the Family Court, Raigarh in Civil Suit No. F-66 A/2017, by which learned Family Court has granted a decree of divorce by mutual consent.

2. Perusal of the impugned order reveals that the appellant was married to the respondent on 19.04.2016. An application, purporting to be joint application, was submitted before the Family Court on 04.05.2017 seeking decree of divorce by mutual consent, as provided under Section 13B of the Hindu Marriage Act. In that application, it was stated that their marriage was solemnized on 19.04.2016. After marriage, the appellant/wife went to maternal house on 26.04.2016, but thereafter, she did not come back nor resided with her husband. It was pleaded that the parties no longer find themselves in a position to restore marital relationship and have decided, without any pressure and out of their own free will, to part ways towards that end. They have jointly moved application for grant of decree of divorce by mutual consent. After expiry of six months, the learned trial Court recorded the evidence of both the parties and

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