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2017 Supreme(Del) 1720

HIMA KOHLI, SANGITA DHINGRA SEHGAL
Sangeeta – Appellant
Versus
Arun Joon – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Manoj Kr. Srivastava, Mr. Anuj Tyagi with appellant in person
For the Respondent:Respondent in person

ORDER :

1. This order is in continuation of the order dated 24.5.2017, on which date, learned counsel for the appellant and the respondent, who had appeared in person, had jointly stated that the parties were able to arrive at a settlement before the Medication Cell, Rohini District Court, Delhi, reduced into writing on 12.5.2017. A copy of the aforesaid Settlement Agreement was handed over and taken on record. On the said date, the parties had requested that the impugned divorce decree passed by the learned Family Court under Section 13(i)(ia) of the Hindu Marriage Act, 1955 (in short ‘the Act’) may be converted into a decree of divorce by mutual consent. We had left the aforesaid aspect open for consideration on the next date of hearing, i.e., today, after examining the legal position.

2. Today, learned counsel for the appellant concedes that after the judgment of the Supreme Court in the case of Anil Kumar Jain vs. Maya Jain, reported as (2009) 10 SCC 415, wherein it has been held that the divorce decree can be granted by the Supreme Court under Article 142 of the Constitution of India on being satisfied that the marriage of the parties has broken down irretrievably, though irretr






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