SURESH BARIK Vs. ELIVA SAHOO

JUDGEMENT

(1.) Mr. Mishra, learned advocate appears on behalf of petitioner- husband. He submits, impugned is order dtd. 11/11/2021 of the Family Court, whereby application for waiver was made after the first motion for divorce by mutual consent, was rejected.

(2.) He relies on judgment of Supreme Court in Amardeep Singh v. Harveen Kaur reported in (2017) 8 SCC 746, paragraph-19 and submits, conditions in clauses (i) to (iv) in said paragraph stands fulfilled.

(3.) He submits, the petition for divorce by mutual consent was jointly made on 21/9/2021. Petitioner and opposite party thereafter jointly filed the waiver application on 9/11/2021. He draws attention to the petition for mutual divorce and demonstrates that both parties said they were married on 12/5/2014. They have been separate for more than four years. They do not have monetary claim against each other and the minor children are to be with opposite party-wife. Mr. Mishra also draws attention to annexure-2 being conciliation report issued by Counselor, Family Court, Bhadrak saying as follows: