ATUL SHRIVASTAVA Vs. SUSMA SHRIVASTAVA

JUDGEMENT

(1.) Both parties are identified by their counsel.

(2.) BOTH parties have filed an application (IA No7998/09) seeking divorce by consent. Both parties submitted that they have signed the compromise application and their counsel have stated that they have also signed the compromise application.

(3.) FROM the perusal of the judgment and decree of the trial Court, we find that the suit was filed by the respondent under section 12(1)(b) and (c) of the Hindu Marriage Act, 1955 for seeking a decree that the marriage be declared as null and void. The trial Court after recording evidence granted a decree as prayed by the respondent in the suit. However, both parties have agreed for a decree of divorce on the basis of consent and after hering both parties, going through the application and the judgment and decree passed by the trial Court, we find that the compromise is arrived with free will of the parties and application filed by the parties deserves to be allowed and accordingly, we allow the application and decree of divorce between the parties granted on the basis of consent. A decree be accordingly drawn up and the compromise application shall be part of the decree.