Court No. - 37
Case :- FIRST APPEAL No. - 652 of 2017 Appellant :- Smt. Richa Asthana Respondent :- Manoj Kumar Srivastava Counsel for Appellant :- Salil Kumar Rai,Onkar Nath Mishra,Virendra Singh Counsel for Respondent :- Karunesh Pratap Singh Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Subhash Chand,J.
Heard learned counsel for the appellant and learned counsel for the respondent.
The parties are not present today.
By way of this appeal, the appellant has felt aggrieved by rejection of suit for divorce, vide Judgment dated 26.8.2017 and decree dated 31.8.2017 passed by Principal Judge, Family Court, District Azamgarh in Case No. 252 of 2015 (Smt. Richa Astahan Vs. Manoj Kumar Srivastava).
It is stated by the counsel for both the parties that during pendency of this litigation, the parties have decided to part ways. Supplementary affidavit has been filed.
It is conveyed to this Court that in the supplementary affidavit they have annexed the copy of the compromise wherein it is mentioned that the parties want to live separately. It is further conveyed by the husband's counsel that he has accepted agreement and, therefore, decided to part ways. It is conveyed by the counsel for the wife that all criminal proceedings are either withdrawn or disposed of.
Thus, the petition under Section 13 is now considered to be petition under Section 13 (B) of the Hindu Marriage Act, 1955. We dissolve the marriage dated 28.11.2010 in view of the supplementary affidavit filed by the parties, who are represented by their learned advocates. We dissolve the marriage as the parties now wish to live separately.
The Judgment and decree dated 26.8.2017 shall stand modified to the said effect.
With these observations, this appeal is partly allowed.
However, it is provided that in case of difficulty, parties may approach this Court.
Record be sent to the Trial Court.
Order Date :- 22.9.2021/Ram Murti