Ankit Dubey vs Smt Deepa Dubey @ Puja
2021 Latest Caselaw 8992 MP

                                  1                                FA-773-2015
        The High Court Of Madhya Pradesh
                  FA No. 773 of 2015
                     (ANKIT DUBEY Vs SMT DEEPA DUBEY @ PUJA)


Jabalpur, Dated : 20-12-2021
      Appellant Ankit Dubey is present in person.

      Respondent Smt. Deepa Dubey is present in person.

The matter was sent to mediation centre vide order dated 22.01.2020. The mediation has resulted into settlement between the parties of parting ways on certain terms and conditions as contained in the report of

Mediator dated 05.03.2021.

This first appeal preferred by the husband under Section 19 of the Family Court Act, 1984 assails the rejection of the petition filed by the husband seeking divorce from the respondent-wife, vide judgment and decree dated 10.08.2015 by Principal Judge, Family Court, Satna in Matrimonial Case No.133/2014.

During the course of pendency of this appeal, an application for divorce by mutual consent is filed vide I.A. No.9899/2021 jointly signed by the rival parties and duly supported by affidavits of both husband and wife.

In the aforesaid application, the parties have agreed to part ways in terms of the contents of the said IA read with the contents of Mediation Report dated 05.03.2021 and are ready and willing to dissolve the marriage solemnized on 20.05.2005 between them by mutual consent.

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, and thus the possibility of cohabitation is bleak therefore, it would be appropriate and in the fitness of things and to give quietus to the long standing discord and as such 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 the agony being faced by the husband and wife since so many years.

Accordingly, this Court deems it appropriate to allow I.A.

2 FA-773-2015 No.9899/2021 and permits the rival parties to dissolve the marriage dated 20.05.2005 by mutual consent in terms of the contents of the said IA.

The marriage dated 20.05.2005 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.

Certified copy as per rules.

       (SHEEL NAGU)                               (PURUSHAINDRA KUMAR KAURAV)
           JUDGE                                             JUDGE

  RC

Digitally signed by MRS
RASHMI CHIKANE PASWAN
Date: 2021.12.21 13:48:54
+05'30'