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2018 Supreme(All) 2547

SHASHI KANT GUPTA
Mohit Maheshwari – Appellant
Versus
Jyoti Agarwal – Respondent


Advocates Appeared:
For the Appellant : Utkarsh Birla.
For the Respondent: Shashi Prakash Rai, Anurag Sharma.

JUDGMENT :

Shashi Kant, J.

1. This appeal has been filed by the appellant against the impugned order dated 05.09.2018 passed by Principal Judge, Family Court, Badaun in Misc. Case No. 99 of 2018, whereby the application jointly filed by the appellant Mohit Maheshwari as well as respondent Smt. Jyoti Agrawal under Section 14 (2) of the Hindu Marriage Act, 1955 (herein after referred as “Act, 1955”) has been rejected and the petition seeking divorce by mutual consent under Section 13 B of the Act has been returned.

2. By the order dated 13.11.2018, this Court had directed the appellant and the sole respondent to appear in person in the Court. In pursuance of the said order, the aforesaid petitioner as well as respondent are present in the Court.

3. Counter affidavit has also been filed by the respondent which is taken on record.

4. We have heard learned counsel for the parties and perused the record.

5. A perusal of the record shows that petition under Section 13 B of the Act, 1955 was filed by the parties by mutual consent. In the petition it was stated that the marriage of the petitioner and the respondent was solemnized according to Hindu customs and rites on 06.02.2018 at Bholadham and

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