Sandeep Sharma vs Anuradha Vaishnav - 2023 Supreme(Raj) 2090

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 2090

PUSHPENDRA SINGH BHATI
Sandeep Sharma – Appellant
Versus
Anuradha Vaishnav – Respondent

Advocates Appeared:
For the Petitioner: Mr. Shubham Modi
For the Respondent: Mr. Mahendra Singh Bhati

ORDER :

(Pushpendra Singh Bhati, J.)

This writ petition under Article 226 and 227 of the Constitution of India has been preferred claiming the following reliefs :-

ii. Quash and set aside the impugned order dated 22.09.2023 passed by the Ld. Judge, Family Court No.3, Jodhpur (Annexure-3).

iii. That the settlement agreement executed by both the parties may kindly be taken on record. (Annexure.4)."

2. Learned counsel for the parties jointly submits that the marriage of the petitioner and respondent was solemnized with Hindu rites and ritual on 19.09.2013. Learned counsel further submits that the petitioner and respondent are living separately since May, 2018 and they have a child also. Learned counsel also submits that the both the parties arrived at a joint settlement to part ways as the marriage has irretrievably broken down.

3. Learned counsel for the parties submits that Hon'ble Supreme Court in the case of Amardeep Singh v. Harveen Kaur , reported in (2017) 8 SCC 746; has waived off the cooling period for the second motion; relevant portion reads as under :-

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