Smt. Priti @ Mithlesh vs Satish Rajawat
2022 Latest Caselaw 16227 MP

                                  1
 IN     THE      HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                          BEFORE
             HON'BLE SHRI JUSTICE ROHIT ARYA
                             &
        HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                   ON THE 7 th OF DECEMBER, 2022
                     FIRST APPEAL No. 2026 of 2018

BETWEEN:-
SMT. PRITI @ MITHLESH W/O SATISH RAJAWAT, AGED
ABOUT 36 YEARS, OCCUPATION: D/O SOVARAN SINGH
CHAUHAN REKHA NAGAR BHIND (MADHYA PRADESH)

                                                               .....APPELLANT
(PRESENT WITH SHRI ANKIT SAXENA - ADVOCATE)

AND
SATISH RAJAWAT S/O RAGHURAJ SINGH RAJAWAT,
AGED ABOUT 36 YEARS, OCCUPATION: GOVT. SER.
VARG 3 GRAM VARAKALAN PRESENT GRAM
SINGPURA BHIND (MADHYA PRADESH)

                                                             .....RESPONDENT
(PRESENT WITH SHRI RISHIKESH BOHARE - ADVOCATE)

      This appeal coming on for hearing this day, JUSTICE ROHIT ARYA

passed the following:
                                   ORDER

This appeal by wife Smt. Preeti alias Mithlesh, is against the judgment and decree dated 12.07.2018 in Cases No.184A of 2016 HMA and Case No.227A of 2016 HMA. Wife's suit for divorce filed under Section 13 (1) of Hindu Marriage Act has been dismissed and husband's application under Section 9 of the Hindu Marriage Act for restitution of conjugal rights, has been allowed.

Appellant and respondent solemnized marriage on 28.11.2007. However,

owing to mental incompatibility and cultural differences, both could not lead married life for long and since 02.04.2014, they are living separately. At this distant time of eight years, much water has flown under the bridge. Their perception for life has obviously undergone remarkable changes and of-course, priorities of life as well. Both parties fairly submit that there is no scope for companionship and revival of marriage. The marriage is irretrievable.

Both parties submit that they want to depart gracefully, with no remorse, through a decree of divorce passed by this Court. Neither there is any demand nor offer as consideration for the decree of divorce. This Court records appreciation for assistance provided by learned counsel for the parties in the

case, particularly for bringing both parties to an amicable settlement.

In the light of the aforesaid facts and circumstances, as the parties have mutually agreed for dissolution of marriage and in the light of the judgment rendered by the Hon'ble Supreme Court in the case of Amardeep Singh Vs. Harveen Kaur [(2017) 8 SCC 746, we hereby pass following orders :

(i). Marriage between appellant Preeti alias Mithlesh and respondent Satish Rajawat stands dissolved;

(ii). Impugned judgment and decree dated 12.07.2018 is hereby set- side;

(iii). Either party shall have no claim against each other of any nature whatsoever;

(iv). Civil or criminal cases if any, filed by the parties against each other before the forum or the Court under supervisory jurisdiction of this Court, shall stand closed.

Let decree be drawn in terms of the order passed above.

Present appeal stands disposed of.

      (ROHIT ARYA)                                          (MILIND RAMESH PHADKE)
         JUDGE                                                       JUDGE
Rks

 RAM KUMAR SHARMA
 2022.12.07 17:06:51
 +05'30'