Smt Sandhya Dwivedi W/O Shri ... vs Rajesh Dubey
2021 Latest Caselaw 6414 MP

                                     1                      FA.392/2021

                   The High Court of Madhya Pradesh
                              FA No. 392/2021
                (Smt. Sandhya Dwivedi Vs. Rajesh Dubey)
Gwalior dated 04.10.2021
      Shri H.K.Shukla, learned counsel for the appellant.
      Shri Romesh Pratap Singh, learned counsel for the respondent.

Appellant is present in person.

Respondent-Rajesh Dubey has been brought in custody in execution of production warrant, by Shri Man Singh Tomar, ASI, posted at DRP Line, Gwalior (MP).

This first appeal has been preferred by the wife assailing rejection of her divorce petition preferred before the Family Court.

During pendency of this appeal, this Court tried to explore the possibility of settlement for which the husband, who is suffering life sentence in an offence relating to murder, was produced before this Court and is also present today with escort.

After due deliberations the rival parties have taken conscious decision to part ways and live their lives separately with mutual consent for which IA No. 5947/2021 has been filed.

Both husband and wife have appended the signatures on the joint application under Section 13-B of Hindu Marriage Act, which is supported by the affidavits of both husband and wife.

In view of above and the fact that husband and wife are suffering matrimonial discord since 11 years and there is no hope of resumption of matrimonial ties between them and it appears that the marriage has broken irretrievably, this Court deems it appropriate to waive off the cooling period of six months under Section 13-B(2) of Hindu Marriage Act, in view of judgment of the Apex Court in Amar Deep Singh Vs. Harveen Kaur reported in (2017) 8 SCC 746.

Consequently, application (IA No. 5947/2021) under Section 13- B(2) of the Hindu Marriage Act is allowed and parties are permitted to dissolve their marriage without waiting for six months.

2 FA.392/2021

The marriage solemnized between the rival parties on 19.06.2007 stands dissolved by mutual consent.

IA No. 5947/2021 stands allowed.

Consequently, present appeal having become infructuous is dismissed accordingly.

Registry is directed to draw appropriate decree. Respondent-Rajesh Dubey is directed to be sent back to Jail with the same escort.

          (Sheel Nagu)                                     (Deepak Kumar Agarwal)
            Judge                                                  Judge

(yog)




                                    YOGESH VERMA
                                    2021.10.04
                 VALSALA
                 VASUDEVAN
                 2018.10.26
                 15:14:29 -07'00'   17:29:07 +05'30'