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Uttaranchal Court April 2001 Judgments

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Apr 26 2001

Smt. Sunita Joshi Vs. Murlidhar Joshi

Court: Uttaranchal

Decided on: Apr-26-2001

Reported in: II(2003)DMC420

A. A. Desai, C.J. and M. C. Jain, J.1. The appellant Mrs. Sunita Joshi presented the instant first appeal challenging decree of divorce dated 17.11-2000, passed by the Principal Judge, Family Court. Nainital. During the pendency of this appeal, with the assistance of the learned counsel for the parties, we held conciliation from time to time. In the ultimate result, the parties settled their matrimonial dispute and agreed to take divorce by mutual consent under Section 13B of the Hindu Marriage Act. Accordingly, they have presented the application. In the application, they have also incorporated the conditions in relation to the maintenance, custody of child, etc. Today again the parties are present in person with their counsel and they have expressed their consent to this memorandum. Undisputedly. the parties are litigating and living separately for more than six months. There does not seem to be any possibility of reconciliation between them under the circumstances, we set aside the ...


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