g8; HI6H COURT OF CHHATTISGARH AT BILASPUR F.A.No. 69/2004 Before: Hon'ble Shri Dmp Raosaheb Deshmukh, J. Appel IanT/ (App I icanf) 6han$hyam Pa'rel, 5/0 Ram Prasad Pa'rel, Aged abouT 31 years, R/o ViHage Jagdalli, P.5. Sakfi, Dist Janjgir Champa (C5,) Versus 5mT. Gayatri Pa'rel, W/o Ghanshyam PaTeL Aged abouT 3O years, R/o Village Jagdalli, P.5. Sak‘H, Dis-t. Janjgir Champa (C.6.). A1” presen‘r D/o Purusho‘H'em Lal Pafel, R/o Village Dha‘l‘l’ari; Tahsil Mungeli,rDis1': Bilaspur. Re$pondenTI (Non-app Iican'r) f/er l v. Appellalnf-Ghanshyam Pa'l'el wi‘rh Shri Pmfull N. Bhamf, Advoca‘re. RespondenT—Smf. Gayal'ri Pafel with Shri H.B. Agmwal, 5r. Advoca‘l'e wl'lh Ms. Sangim Mishm, Advocafe. ORDER (09.03.2007) Heard on applicafion (I.A.No,534 of 2007) under Order 23 Rule 3 of C.P.C. for gran‘l'ing decree of mulual divorce which was filed on 2201,2007. Prior ‘l’o ‘ihis, on 01.03.2005 bo‘l'h fhe spouses had made an applica'rion under $ec1'ion 13-8 'of Hindu Marriage AcT for The decree of mufual divorce 2.: Ghanshyam Pafel Is iden'hfled by Shri Prafull N Bhara‘r learned counsel for fhe appellan‘r and Smf Goya‘l'ri Pa‘rel is iden‘hfied by Ms. Sangn‘a Mishra, learned counsel‘for 'rhe respondent Their phofographs are also furnished which are placed on record. Bo‘l'h fhe appellan'r and ‘rhe respondem have swfed before me Thuf fhey are Hving separa‘reiy sinca more Than 10 years and a re—union is impossible. BoTh of Them have sfafed ‘rhaf mufual divorce sough‘r by Them is‘ voiun‘tdry and wi‘rhout any coercion or- ‘rhreu'r. 5min 6ayu‘i'ri Pufei uiso submifted fhd‘r she has reiinquished her right 1'0 cinim alimony from her husband. 3. A perusai of The impugned judgmem' dated 21 2 2004 passed in CIVii Sul‘r N008 A of 2003 aiso shows tha‘i' marriage befween The y parfies was solemmzed in ’rhe year 1995 and fhey have been livmg separa‘reiy since September 1997. If fhus appears 'rhaf it 1s an irre‘i'rievabie marriage and The par‘ries have amicably resoived To obfain a decree for mu1'ual divorce. 4. Having fhus saTisfied myseif fha‘i' The appiicafion I.A.No.534 of 2007 is voluntary and safisfies i'he requiremen‘l' of law, I No 434‘of 2007 and dissolve fhe marriage befween 'rhe Two spouses by gran‘hng a decree of mutual divorce allow LA. 5. Consequenfly, fhis appeal sfands disposed of There shall be no \se order as fo cos‘rs. \ nILIP RAOSAHEB Des lldge HMUKH