Narayan Dharmpal Sahu vs Meera Sahu W/O Shri Narayan ...
2021 Latest Caselaw 8857 MP

                                  1                                FA-668-2017
        The High Court Of Madhya Pradesh
                  FA No. 668 of 2017
        (NARAYAN DHARMPAL SAHU Vs MEERA SAHU W/O SHRI NARAYAN DHARMPAL)


Jabalpur, Dated : 15-12-2021
      Shri Priyankush Jain, learned counsel for appellant.

      Shri R.B. Sahu, learned counsel for respondent.

Appellant - Narayan Dharampal Sahu and respondent - Meera Sahu are present in person.

This first appeal preferred by the husband under Section 19 of the

Family Courts Act, 1984 assails the rejection of the petition filed by husband seeking divorce from the respondent-wife, vide judgment and decree dated 11.08.2017 by Additional District Judge, Tyonthar, District Rewa in H.M.A. Case No.10013A/2014.

During the course of pendency of this appeal, an application for divorce by mutual consent is filed vide I.A. No.9424/2021 jointly signed by the rival parties duly supported by affidavits of both husband and wife.

In the aforesaid application, the parties have agreed to part ways and in terms of the contents of the said IA are at consensus to dissolve the marriage

solemnized on 21.05.2002 between them.

Looking to the fact that husband and wife have not been able to settle their scores and are staying away from each other since several years and have now decided to part ways, the possibility of cohabitation is bleak and, therefore, it would be appropriate and in the fitness of things and to give quietus the long standing discord to condone the cooling/waiting period of six months prescribed under Section 13(B) of the Hindu Marriage Act. This is all the more necessary to avoid prolonging of agony being faced by the husband and wife since so many years.

Respondent-wife, who is present in person has been handed over an amount of Rs.1 Lac in cash by the husband.

Since settlement has taken place and the rival parties have decided to part ways, the earlier direction of debiting the monthly maintenance allowance 2 FA-668-2017 from the salary of the appellant-husband stands recalled.

Accordingly, this Court deems it appropriate to allow I.A. No.9424/2021 and permits the rival parties to dissolve the marriage dated 21.05.2002 by mutual consent in terms of the contents of the said IA.

The marriage dated 21.05.2002 solemnized between rival parties hereby

stands dissolved by mutual consent.

Registry is directed to draw decree of divorce by mutual consent. Accordingly, appeal stands disposed of finally. C.c. as per rules.

      (SHEEL NAGU)                       (PURUSHAINDRA KUMAR KAURAV)
          JUDGE                                     JUDGE

   pnm



Digitally signed by POONAM MANEKAR
Date: 2021.12.21 15:43:24 +05'30'