Delhi High Court
Mukesh Joshi vs Manju Lata Joshi on 10 May, 2023
Neutral Citation Number 2023:DHC:3385-DB
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 10.05.2023
MAT.APP.(F.C.) 42/2023
+ MAT.APP.(F.C.) 42/2023
MUKESH JOSHI ..... Appellant
versus
MANJU LATA JOSHI ..... Respondent
Advocates who appeared in this case:
For the Appellant: Mr. Vivek Singh and Ms. Kirti Mewar, Ms. Stuti
Gupta Advocates with appellant in person
For the Respondent: Ms. Shipra Choudhry and Ms. Aashna,
Advocates with respondent in person.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Parties are present in person. We have interacted with the
parties. It is agreed between the parties that they shall dissolve their
marriage by mutual consent.
Signature Not Verified
Digitally Signed
Signing Date:16.05.2023
16:02:13
Neutral Citation Number 2023:DHC:3385-DB
2. Parties have produced the following Identity proof:
Signature Not Verified
Digitally Signed
Signing Date:16.05.2023
16:02:13
Neutral Citation Number 2023:DHC:3385-DB
3. Respondent, who is present in person, submits that since she is
working and she does not have any claim of maintenance or alimony
from the appellant. Accordingly, she submits that she waives all her
rights for past, present and future maintenance, claim or alimony.
4. Parties undertake that they shall duly file a joint petition of
divorce by mutual consent and shall also appear before the concerned
Court for recording of their respective statements for dissolving the
marriage by mutual consent.
5. The undertaking of the parties is accepted. Parties are bound
down to the statement given to the Court.
6. Learned counsel for the parties pray that the impugned
judgment dated 14.09.2006 be set aside and the petition for grant of
divorce be permitted to be amended to a petition for grant of divorce
under Section 13(B) (1) of the Hindu Marriage Act, 1955 (hereinafter
referred to as 'the Act').
7. In view of the settlement between the parties and their
undertakings, impugned Judgment dated 14.09.2006 is set aside. The
petition is restored to its original number. On the oral prayer of the
parties, the petition is also permitted to be amended into a petition for
grant of divorce under Section 13(B) (1) of the Act.
8. Parties shall appear before the Family Court for filing the joint
amended petition and for recording of the statement of the parties on
24th May, 2023.
Signature Not Verified
Digitally Signed
Signing Date:16.05.2023
16:02:13
Neutral Citation Number 2023:DHC:3385-DB
9. On an application being filed, the Family Court shall take into
account the fact that the parties have been living separately for over
twenty years and, have been litigating and, the subject petition was
filed on 05.03.2001 and there has been no resumption of cohabitation
and accordingly grant waiver of the statutory period of six months as
stipulated under Section 13(B)(2) of the Act. Parties shall thereafter
file the second motion petition for obtaining divorce by mutual
consent.
10. The appeal is disposed of in the above terms.
11. Order Dasti under signatures of the Court Master.
[[[[
SANJEEV SACHDEVA, J
MANOJ JAIN, J
MAY 10, 2023/swati
Signature Not Verified
Digitally Signed
Signing Date:16.05.2023
16:02:13
