DR. ANAND RANJAN Vs. DR. (MRS.) SUNITA SINHA

JUDGEMENT

(1.) THE plaintiff -appellant has preferred this appeal against the Judgment dated 28.6.2011 passed by the learned Principal Judge Family Court, Dhanbad in Title Matrimonial Suit No. 364 of 2008 whereby the Principal Judge dismissed the plaintiff -appellant's suit filed under Section 13 of the Hindu Marriage Act, 1955. The case in brief is that both the parties were legally married on 24.01.2006 at Dhanbad according to Hindu Rites and Customs. Thereafter, they lived together as husband and wife. After some time, the relationship between both the parties became bad to worst and the defendant respondent left the company of the appellant on 12.04.2007. Both the parties are qualified Doctor and they are working under the Govt. of Jharkhand.

(2.) IN the present appeal both the parties have filed an application under Section 13 (B) of the Hindu Marriage Act before this Court on 23.3.2012 i.e. I.A. No. 1033 of 2012. In the said application both the parties have stated that as they have not been able to live together, therefore, they have mutually agreed that their marriage should be dissolved. It is further submitted that the parties are living separately for last few years. They have also made a prayer in this application to pass decree of divorce dissolving the marriage of the parties on the mutual consent under Section 13(B) of the Hindu Marriage Act. 1955. They have filed this I.A. without any undue influence.

(3.) CONSIDERING their submissions, we allow this appeal and set aside the Judgment dated 28.6.2011 passed by the Principal Judge Family Court, Dhanbad in Title Matrimonial Suit No. 364 of 2008 and decreed the suit under Section 13(B) of the Hindu Marriage Act. 1955. The I.A. No. 1033 of 2012 filed under Section 13(B) of the Hindu Marriage Act. 1955 by both the parties, also stands disposed of.