,-y^'f<--L-l ^-^'^•^•^'^^^-^^•^—.-VbX^^-^-V^--^-^^^^-' r-^-t/-^-u-.^----^-^-<^%:. ^^ <^' IN THE HON»BLEHIGH COURT OF CHHATTISGARH FIRST APPEAL (Mt N0 ATBILASPUR »NO.^ J20W^^^^^^^^^^^^^^^^^^^^^ ^^ APPELLANT/ APPLICANT B..R.Wo.......././.?.f/./,0,....,... PreseRls^ ^Shd .({3%^%..^ I......../^l^^f^C)., .. .. RESPONDENT/ ^NON-APPLICANT ^ikas Denial S/o Shri Vijay Denial, aged about 33 years, R/o Omnagar Jarhabhata Bilaspur, Tahsil & Distt;- Bilaspur (C.G.) VBRSUS ^mt. Anshumala Masih, W/o Vikas Denial R/o 632/A Sector-3, Distt.-Balko, Tahsil SE Distt.- Korba - X-ray Technician Department Radiology Balko Hospital (Vedant) Sector-5, Balko, Tahsil85Distt.-Korba(C.G.). FIRSTAPPEALUNDERSECTION19UtOFTHEFAMILY COURTSACT, 1984 ^ Appellant Applicant HI6H COURT OF CHHAmS^RH AT BILASPUR DIVISION BENCH: HON'BLE MR. I.M.QUDDUSI & HON'BLE MR. 6. MINHAJUD&IN. JJ. F.A.(M). No.43/2010 Vikas Denial Vs Responctent Non-applicant Smt, Anshumala Masih Present: Mrs. Renu Kochar, Advocate for the appelldnt. Mr. Dhirendra Pandey, Advocate for the respondent. The parties are also present in person. ORDER (Oran (10th August. 2011) I.M. Quddusi. J; 1. Heard. 2. The oppeltont had fiied this miscellaneous appeaJ against the judgment dated 17.03.2010 possed by the learned Judge, Family Court, Bilaspur in Civil Suit No.l3-A/07 dismissing the suit of the appellant herein filed under Section 10 of the Indian bivorce Act, 1869 (for short the Act of 1869') for grant of decree of dissolution of marriage. 3. Facts of the case, in brief, are that the marriage between the appellant and the respondent was solemnized on 03.01.2003 and out of their wedlock, there is a female child. In the year 2007 the appellant filecl an application before the Family Court below seeking dissolution of marria9e solemnized between the appellant and the respondent on the ground that since the year 2004, without any reason, the respondent herein is living separately. The Court below vide impugned judgment dismissed the application of the oippellant herein. Therefore, the appellant has preferred the instant appeal. 4. The appellant as well as the respondent, who are present in person, have submitted that they had been living separately for the last so many years and had not been able to live together and as such, there is no chance of reconciliation between them and therefore, the marriage performed between them may be dissolved. They have also prayed that^the appea^ ^ ^ under Section 19 (1) of the Family Courts Act, 1984 be converted into petition for divorce by mutual consent under Section 10 (A) of the Act of 1869. 5, In view of the above submissions and considering the fact that there are no chances of amicable setttement between the parties, we are of the opinion that, the appeal be converted into an application for divorce by mutLial consent and adecree of divorce be granted in favour of tfie parties. 6. Accordingly, with a view to do complete justice to parties, we convert this appeal into an application under Section 10 (A) of the Act of 1869, set aside the judgment dated 17.3,2010 passed by 1+ie court below and accept the application under Section 10 (A) of the Act of 1869 for grant of mutual divorce. Jhe marriage solemnized between the parties on 03.0L2003 according to Christian rites and customs shatl stand dissolved from the date of this order. The Additional Registrar (Judl.) is directed to draw a decree of divorce accordingly. 7. Certified copy a3 per rules. Koshan Sd/- I.M.Quddusi Judge Sd/- G. Minhajuddin Judge A