Mungala Srikar vs Smt. Mungala Muktha
2021 Latest Caselaw 1152 Tel

Items No.40 - 41


       THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                          AND
       THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
                       F.C.A.No.212 OF_2018
                                 &
           I.A.No.1 OF 2020 IN/AND F.C.A.No.188 OF 2018

COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)

1.

I.A.No.1 of 2020 in F.C.A.No.188 of 2018 has been moved by

the parties praying inter alia that their statements be recorded in

respect of a mutual consent divorce and they be granted divorce in the

present proceedings.

2. We are not inclined to entertain such a request. However, in the

light of the fact that the parties state that they have arrived at a

settlement as recorded in the Joint Memo and they propose to part

company peacefully, liberty is granted to the parties to approach the

Family Court by moving an appropriate application for divorce by

mutual consent. Liberty is also granted to the parties to persuade the

Family Court to curtail the cooling off period. If such a request is

made, the same shall be considered by the Family Court in accordance

with law.

3. The present appeals are disposed of along with the pending

applications, if any, in terms of the settlement arrived at between the

parties.

_________________ HIMA KOHLI, CJ

______________________ B. VIJAYSEN REDDY, J 07.04.2021 Lrkm