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