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2023 Supreme(Del) 4580

SANJEEV SACHDEVA, MANOJ JAIN
Sanshu Khurana – Appellant
Versus
Kimsi Singla – Respondent


Advocates appeared:
Mr. Ankur Bhasin, Advocate with Appellant in person.
Mr. Gurjit Singh with Ms. Deepti Dogra, Advocates with Respondent in person.

JUDGMENT

Sanjeev Sachdeva, J. (Oral)

1. Appellant impugns order dated 28.11.2022, whereby, the application filed by the appellant seeking striking off the defence of the respondent has been dismissed.

2. Parties are present in person along with their respective counsel. Parties agree that they shall take divorce by way of mutual consent.

3. Respondent, who is present in person, submits that she does not claim any maintenance or alimony from the appellant. Respondent further undertakes that she shall withdraw/compound/cooperate in quashing of the subject FIR No.410/2022 under Sections 498A/406/34 IPC, Police Station Prashant Vihar.

4. The undertakings are accepted.

5. Parties pray that the petition filed by the appellant seeking divorce under Section 13(1)(ia) and 13(1)(ib) of Hindu Marriage Act, 1955 be permitted to be amended and converted into a petition for divorce by mutual consent.

6. In view of the above, the oral prayer of the parties is accepted and the petition filed by the appellant under Section 13(1)(ia) and 13(1)(ib) of the Act is allowed to be amended and is converted into a petition under Section 13B(1) for grant of divorce on mutual consent (First Motion) on th

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