Amit Bagga vs Neha Bagga
2021 Latest Caselaw 6520 MP

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              HIGH COURT OF MADHYA PRADESH,
                         BENCH AT GWALIOR
                               RP-791-2021
                       (Amit Bagga Vs. Neha Bagga)

Gwalior, Dated : 08/10/2021

      Smt. Sudha Sharma, learned counsel for the petitioner.

      Shri Shyam Sharma, learned counsel for the respondent.

The present review petition has filed under Order 47 Rule 1 of Civil

Procedure Code,1908 seeking review of the order dated 27/09/2021 passed

in F.A. No.385/2021.

Learned counsel for the petitioner submits that Family Court vide

order dated 06/03/2021 dismissed the divorce petition filed by the

petitioner/husband and allowed the counter claim of restitution of conjugal

rights of the respondent/wife. Assailing the dismissal of divorce petition,

petitioner filed First Appeal No.385/2021 before this Court. During

pendency of the appeal, both the parties reached to a settlement in mediation

proceedings. They agreed to separate amicably by divorce. In pursuance of

the settlement, petitioner/husband paid Rs.11,40,000/-to the respondent/wife

as permanent alimony and lumpsum maintenance for the minor son Kushank

whose custody shall remain with respondent/wife with the understanding

that she will take care of his maintenance in future. All the litigations

instituted by both parties have been withdrawn as per the settlement.

On 27/09/2021, this Court was pleased to dispose of First Appeal

No.385/2021 vide order dated 27/09/2021 in which, due to inadvertence,

instead of passing the decree of divorce as per the terms of the settlement,

the appeal was dismissed as withdrawn. Resulting in, the decree of

restitution of conjugal rights having been affirmed.

On perusal of the impugned order dated 27/09/2021, it is noticed that

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR RP-791-2021 (Amit Bagga Vs. Neha Bagga)

due to inadvertence, it is mentioned in the impugned judgment that

"Consequently, the appellant-husband prays for and is permitted to withdraw

the present first appeal. Accordingly, this first appeal stands dismissed as

withdrawn".

Instead of the above and in view of settlement, the decree of divorce

by mutual consent ought to have been passed.

Having heard learned counsel for the rival parties, the order dated

27/09/2021 deserves to be modified.

Accordingly, the following as mentioned in the order under review-

"Consequently, the appellant-husband prays for and is permitted to

withdraw the present first appeal. Accordingly, this first appeal stands

dismissed as withdrawn" stands deleted.

The following is added "since the conditions of settlement have been

fulfilled by both the parties as per the settlement, the petition for divorce by

mutual consent is allowed.

Let the decree of divorce be drawn by mutual consent."

This order be read in conjunction with the order dated 27/09/2021

passed in First Appeal No.385/2021.

Accordingly, this review petition stands disposed of.

(Sheel Nagu) (S.A. Dharmadhikari) Judge Judge

Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011,

rahul st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462f df82ab676d0cde4dee473fe77953f5, cn=RAHUL SINGH PARIHAR Date: 2021.10.08 19:03:57 -07'00'