Sneha Madame vs Manish Madame
2022 Latest Caselaw 5606 Chatt

                                    -1-




                                                                   NAFR


            HIGH COURT OF CHHATTISGARH, BILASPUR
                  Writ Petition (227) No.548 of 2022
    Sneha Madame W/o Shri Manish Madame, Aged About 34 Years,
      D/o Late Dharamdas Ambade, R/o B-29 Pawan Bihar, New
      Rajendra Nagar, Raipur, District - Raipur (C.G.)
                                                           ---- Petitioner
                                 Versus
    Manish Madame S/o Shri Ashok Madame Aged About 37 Years
      R/o Vijay Nagar, Durg, Tahsil And District - Durg (C.G.)
                                                         ---- Respondent

For Petitioner : Mr. Atanu Ghosh, Counsel.

Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

07-09-2022

Heard.

1. The joint application was moved by the parties before the learned

Family Court under Section 13-B of Hindu Marriage Act for

dissolution of marriage on mutual consent. The case was listed

before the learned Family Court on 13.06.2022 and next date is

given 16.12.2022.

2. Learned counsel for the petitioner submits that the parties have not

moved any application before the learned Family court for

reduction/relaxation of the cooling off period '06 months' as

provided under Section 13-B (2) of the Hindu Marriage Act.

3. At this stage, learned counsel for the petitioner seeks permission

of this Court to withdraw this petition with liberty to move

appropriate application before the learned Family Court in this

regard.

4. Considering the limited prayer of the petitioner, this petition is

disposed off with liberty to petitioner to move an application under

Section 13-B(2) of the Hindu Marriage Act, 1955 before the

learned Family Court. It is expected that the Family Court will

decide the same in the light of the judgment passed by this Court

in W.P.(227) No.353 of 2018.

5. Accordingly, this petition is disposed off with aforesaid directions

and liberty.

                                         Sd/-               Sd/-

                                                 (Rakesh Mohan Pandey)
                                                         Judge
Monika