High Court Madhya Pradesh High Court

Smt. Elizabath Josh vs Avinash Josh on 10 August, 2010

Madhya Pradesh High Court
Smt. Elizabath Josh vs Avinash Josh on 10 August, 2010
                          W.P.No.9551/2010

          Smt. Elizabath Josh                  Avinash Josh




10.8.2010.
      Shri A.P.Singh, counsel for the petitioner.

       Shri Nitin Pendharkar, counsel for respondent.

This petition is directed against an order dated 7.4.2010

passed in Case No.28-A/2010 by the First Additional Family

Court, Jabalpur by which the trial Court directed parties to

produce evidence in the case .

The contention of the petitioner before this Court is that in

the light of written statement filed by the petitioner, a decree of

divorce ought to have been passed by the trial Court. There is no

need to record evidence in the case and merely on the basis of

pleadings of the parties, a decree of divorce can be passed.

From the perusal of the facts of the case, we find that both

the parties have alleged their allegations and counter allegations.

The relief of the plaintiff Avinash Josh against the petitioner is for

seeking a decree of divorce while the petitioner herein Smt.

Elizabath Josh is seeking a decree against the respondent to

declare the marriage dated 6.1.2007 as null and void. It is

apparent that on the basis of facts as stated by the parties in the

pleadings, different reliefs have been claimed by both the parties.

In these circumstances, if the trial Court on the basis of

allegations and counter allegations, framed issues and directed

parties to produce evidence, no fault is found. The contention of

the petitioner that on the basis of the pleadings , the trial Court
W.P.No.9551/2010

Smt. Elizabath Josh Avinash Josh

ought to have passed a decree of divorce is misconceived and

this petition is found without merit and is dismissed with cost.

At this stage, the learned counsel for the petitioner

submitted that he will advise his client to amend the written

statement or may file an application for decree of divorce on the

basis of mutual consent, so the trial Court may be directed to

decide the case. As no such application has been filed, no

directions are required in this case. However, if the petitioner and

respondent both jointly submit an application, needless to say the

trial Court shall consider and decide the aforesaid application in

accordance with law expeditiously.

Certified copy as per Rules.

       (Krishn Kumar Lahoti)              (J.K.Maheshwari)
              Judge                            Judge
JLL