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VIVEK SINGH THAKUR, SANDEEP SHARMA
Nisha Devi – Appellant
Versus
Sanjay Kumar – Respondent
JUDGMENT :
Vivek Singh Thakur, J
This appeal has been preferred by appellant/wife Nisha Devi against judgment dated 4th September, 2021 passed by the District Judge, Family Court, Mandi in case No. 157 of 2016 whereby marriage between the parties has been dissolved under Section 13 of Hindu Marriage Act, 1955.
2 During pendency of appeal, parties have arrived at consensus to dissolve the marriage on the basis of mutual consent by converting the petition, preferred by respondent-husband for dissolution of marriage under Section 13 of Hindu Marriage Act, as a petition under Section 13(B) of Hindu Marriage Act, 1955.
3 Admittedly, parties were married with each other in the year 2007 and couple was blessed with two children namely Vedika (daughter) and Shivansh (son). But due to difference of opinion, couple could not live together since 2011. They are living separately since last about 13 years. As expressed by the parties, we are also of considered opinion that relationship has become irretrievable and it is not possible for the parties to reconcile the differences and to continue the marriage between them. Therefore, it is a fit case where cooling period, provided under the Act, deserv
The central legal point established in the judgment is the dissolution of marriage with mutual consent under Section 13(B) of the Hindu Marriage Act.
The central legal point established in the judgment is the dissolution of marriage with mutual consent under Section 13(B) of the Hindu Marriage Act.
Marriage can be dissolved by mutual consent between spouses.
The court can grant waiver of the statutory period for divorce by mutual consent based on the parties' long separation and no possibility of reconciliation, and can accept settlement terms if they ar....
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