SARIKA W O VISHWA JEET Vs. VISHWA JEET

JUDGEMENT

(1.) HEARD Mr. Arvind Vashisht, the learned counsel for the petitioner and Mr. Navneet Kaushik, the learned counsel for the opposite party. Since the opposite party is being represented by Mr. Navneet Kaushik, the writ petition is decided finally at the admission stage itself without calling for a counter affidavit since disputed questions of facts are not involved in the present petition.

(2.) THE petitioner and the opposite party entered into a matrimonial alliance in the year 2001. On account of discord between them, it is alleged that they separated and are living separately since 2003. Various applications and claims have been filed by both the parties and in one such proceedings arising under Section 125 Cr.P.C. a compromise was entered between the parties on 18th March, 2009 in which it was agreed that the parties will enter into a mutual divorce.

(3.) IN view of the aforesaid contention raised by the learned counsel for the parties, this court set asides the order of the court below dated 20th May, 2010 and direct the petitioner as well as the opposite party to file a joint application for divorce by mutual consent annexing the compromise that was verified by the High Court. If such an application is filed jointly by the parties, the Family Court will convert the suit of the opposite party into a suit for divorce under Section 13-B (2) of the Hindu Marriage Act. The court will proceed accordingly in accordance with law thereafter.