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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
S.B. CIVIL MISC. APPEAL NO.1780/2006
Dhanpuri
Versus
Smt. Manju Devi
PRESENT
HON'BLE Dr.JUSTICE VINEET KOTHARI
Mr.L.D.Khatri, for the petitioner
Mr.P.S.Rathore, for the respondents.
Mr.Dhanpuri, appellant - present in person.
Smt. Manju Devi, respondent - present in person.
DATE OF JUDGMENT : 8th September, 2009.
JUDGMENT
1. In this appeal filed by the appellant – husband, against
rejection of his divorce application under Section 13 of the Hindu
marriage Act, during the pendency of this appeal, both the parties
have filed an application under Section 13B of the Hindu Marriage
Act for dissolution of marriage by mutual consent upon a
compromise.
2. The marriage in question took place between the two parties on
6.12.2001 and the parties are said to be living separately since the
year 2003. The parties have not lived together since the year 2003 and
the said application under Section 13B of the Act duly signed by both
SBCMA NO.1780/2006- DHANPURI V/S SMT. MANJU DEVI : JUDGMENT DTD.8.9.2009
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the parties and both the counsels was presented before the Dy.
Registrar (Judicial) on 25.2.2009.
3. On 25.2.2009, the matter was ordered to be listed after a period
of six months after lapse of minimum stipulated period before a
decree on such mutual consent could be granted by this Court.
4. On 1.9.2009, as lawyers were observing strike and only one of
the parties, namely, the appellant – husband Mr. Dhanpuri was
present, the matter was adjourned for today.
5. Both the parties are present in the Court and in presence of
their counsels, the Court has ascertained their wish and both have
agreed that their marriage may be dissolved by mutual consent by
allowing application under Section 13B of the Act and in token of
their acceptance, they have signed the order-sheet of today also.
6. In view of mutual consent of the parties, the marriage between
the appellant – husband Dhanpuri and the respondent Smt. Manju
Devi is dissolved by mutual consent under Section 13B of the Act.
The decree may be made accordingly.
7. The appeal accordingly, stands disposed of.
(Dr.VINEET KOTHARI)J.
Item No.55.
Ss/-