IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2890 of 2006 SRIMATI NEETU KUMARI Versus SHRI SUNIL KUMAR SRIVASTAVA ----------- 15. 25.8.2008. This application has been filed for transfer of Matrimonial Case No.62 of 2005 from the Principal Judge, Family Court, Purnea to the Principal Judge, Family Court, Darbhanga. During the proceedings, both the parties appeared in the Chambers. The marriage took place on 28.11.2003 and the parties have been living separately since 2005. The petitioner Neetu Kumari filed an application for divorce before the Principal Judge, Family Court, Purnea on certain allegations against her husband. The opposite party Sunil Kumar Srivastava is working as Reliance General Insurance Advisor. After discussions with the parties and counselling by their respective Advocates, it appears that both the parties are ready to file an application for consent decree of divorce. Senior counsel appearing on behalf of the petitioner submits that since the case for divorce has been filed by his client, she (petitioner) is ready and willing to give up any claim with respect to alimony or maintenance. This order is being passed in the Chambers in presence of the parties and their counsels with consent in the following terms and conditions. (A) The petitioner and the opposite party will jointly file an application under Section 13B of the Hindu - 2 - Marriage Act for a decree of divorce before the Principal Judge, Family Court, Patna. The Principal Judge, Family Court, Patna shall grant decree of divorce within a period of three months from the date of receiving of the application. (B) The decree of divorce should contain the fact that Neetu Kumari has given up all claims for financial assistants from her husband. ( C ) The petitioner Neetu Kumari is at liberty to withdraw the Matrimonial Case No. 62 of 2005 pending before the Principal Judge, Family Court, Purnea. In case, such application is not withdrawn by her then the Principal Judge, Family Court, Purnea will automatically dismiss the case as withdrawn after issuance of the decree of divorce from the court of the Principal Judge, Family Court, Patna. (D) Counsel appearing on behalf of the parties may include a prayer in the joint petition of divorce for exemption of the “waiting period” of six months and the Principal Judge, Family Court, Patna shall grant the said exemption period if such prayer is made. This application is disposed of in the terms mentioned aforesaid. U.K. (Sheema Ali Khan,J) - 3 -