Mohinder Kumar vs Salma
2024 Latest Caselaw 2199 j&K

Jammu & Kashmir High Court

Mohinder Kumar vs Salma on 24 October, 2024

Bench: Chief Justice, Sanjeev Kumar

                                                   Item No.04
                                                   Suppl List-1
     IN THE HIGH COURT OF JAMMU & KASHMIR AND
                  LADAKH AT JAMMU

                     (THROUGH VIRTUAL MODE)
                          APCIV No.163/2015

MOHINDER KUMAR                            ...PETITIONER(S)
Through: -   Mr. Ajay Bakshi, Advocate.

Vs.

SALMA                                     ...RESPONDENT(S)
Through:-    None.

CORAM: HON'BLE THE CHIEF JUSTICE
             HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
             HON'BLE MR. JUSTICE RAJESH SEKHRI, JUDGE

                           ORDER(ORAL)

1) One Mohinder Kumar filed a petition under Section 75

of the Jammu and Kashmir Christian Marriage and Divorce

Act, 1957, before the Court of learned District Judge,

Udhampur ["the trial court"]. The trial court vide judgment

dated 7th November, 2014, held that marriage between the

parties had been irretrievably broken and, therefore, the

parties were entitled to a decree of dissolution of marriage.

However, in view of the provisions of Section 82 of the

Jammu and Kashmir Christian Marriage and Divorce Act,

1957, every decree for dissolution of marriage made by the

District Court under the Act is subject to confirmation by

the High Court and such confirmation is required to be

heard by a Court composed of three Judges.

2) We have heard Mr. Ajay Bakshi, learned counsel for

the petitioner and have meticulously gone through the

judgment and decree passed by the learned District Judge,

Udhampur.

3) We are of the considered opinion that the judgment

passed by the learned District Judge, Udhampur, is

perfectly legal and in consonance with law. That apart, the

respondent despite notice has not chosen to appear and

contest this reference. We were informed by Mr. Bakshi,

learned counsel for the petitioner, that the parties, after

their separation since the year 2014, have been staying

apart peacefully. That being the position, we see no reason

to take a view different from the one taken by learned

District Judge, Udhampur and, accordingly, confirm the

decree of dissolution of marriage dated 7th November, 2014.

4) The reference is answered accordingly.

                      (RAJESH SEKHRI) (SANJEEV KUMAR)             (TASHI RABSTAN)
                           JUDGE         JUDGE                      CHIEF JUSTICE
                      Srinagar,
                      24.10.2024
                      "Bhat Altaf-Secy"

Whether the order is reportable: Yes/No

Mohammad Altaf Bhat