NAMITA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, returnable forthwith. By consent of the parties, taken up for hearing. The present petition has been filed by the petitioners who are wife and husband. Their marriage took place on 26.6.20 IK Immediately after the marriage, it runs into rough weather. Both could not council with each other resulting into the petitioner No. 1 opting to part away with petitioner No. 2 and started residing along with her parents at Aurangabad, while the petitioner continued to reside at Pune where he is employed.

(2.) On 11.12.2012 a complaint was lodged by the petitioner No. 1 against the petitioner No. 2 and one Anita Anil Sheshgir, who is mother-in-law of the petitioner No. 1. On the basis of the complaint lodged by the petitioner No. 1 with Police Station Kranti Chowk, Aurangabad, an offence punishable u/s. 498A, 323, 504, 506 r.w. 34 of IPC was registered against them. The Investigating Officer of the said crime filed charge-sheet before the competent Court on 22.5.2013.

(3.) According to the petitioners, when it was found by them that it is really not possible for them to pull along with each other, on 8.8.2013 both the petitioners filed mutual divorce proceedings before the Judge, Family Court, Aurangabad. The said petition has been filed u/s. 13B of the Hindu Marriage Act, 1955 for grant of decree of divorce by mutual consent. According to the petitioners, as per the amicable settlement which they reached at, the petitioner No. 1 agrees to withdraw all her allegations made against the petitioner No. 2 and his mother in the first information report registered with Police Station Kranti Chowk, Aurangabad.