BIJU SINHA Vs. ARCHANA SINGHA

JUDGEMENT

(1.) THIS is an appeal under Section 39 of the Special Marriage Act, 1954, against the judgment and decree dated 19.02.2014 delivered in TS (Div) 211 of 2012 passed by learned Judge, Family Court, West Tripura, Agartala whereby the petition, filed by the petitioner, appellant herein, under Section 27(1)(d) of the Hindu Marriage Act, 1954 was dismissed. Being aggrieved by the said judgment and decree the petitioner, appellant herein, filed this appeal.

(2.) FRESH reconciliation was attempted by this Court, which, however, failed. Ultimately, the appellant, the petitioner in TS (DIV) 211/2012 and the respondent in TS (DIV)211/2012 have filed a joint application under Order 23 Rule 3 of the CPC regarding the settlement of divorce on mutual consent. The said application has been signed and verified by both the appellant and the respondent.

(3.) Since the parties are present in the Court, the Court has verified their statements made in the said application and found that the statements are not made under any sort of duress or coercion but those are made voluntarily.