Madhya Pradesh High Court
Khushilal @ Rakesh Kumar vs Smt. Pushlata @ Rajni on 13 January, 2022
Author: Sujoy Paul
1
The High Court Of Madhya Pradesh
FA No. 811 of 2015
(KHUSHILAL @ RAKESH KUMAR Vs SMT. PUSHLATA @ RAJNI)
Jabalpur, Dated : 13-01-2022
Heard through Video Conferencing.
Shri Abhijit Bhowmik, Advocate for the appellant.
Smt. Aarti Tiwari, Advocate for the respondent.
Appellant Khushilal @ Rakesh Kumar and Respondent Smt. Pushlata
@ Rajni have marked their presence in the Court. They have been identified
by their respective counsel.
IA No.436/2022 has been filed by both the parties under Section 151
of C.P.C. for grant of decree of divorce on mutual consent under Section 13-
B of Hindu Marriage Act, 1955 on the basis of settlement as per mediation
dated 24.7.2019. Affidavits of both the rival parties have also been filed in this
regard.
It has also been stated that in the similar circumstances a Division
Bench of this Court in FA No.409/13 vide order dated 5.4.2016 has allowed
the first appeal and granted a decree of divorce by way of consent under
Section 13-B of the Hindu Marriage Act.
The estranged couple had got married on 22.06.2007 at Lalitpur (UP)
and out of this wedlock, a daughter was born in 2010. The petitioner and the
respondent started living separately from May, 2011. After the marriage
between the parties was unsuccessful, they jointly decided to obtain a decree
of divorce and therefore, sought divorce by mutual consent. The appellant /
husband filed an application for divorce under Section 13 (1) (1-a) (1-b) of
the Hindu Marriage Act, 1955. By the impugned judgment dated 28.7.2015
passed by First Additional District Judge, Khurai, District Sagar (MP) in
H.M.A. Case No.2-A/12, the same was dismissed.
The parties were referred for mediation. In mediation, the parties
agreed for dissolution of the marriage invoking section 13-B of the Hindu
Marriage Act, 1955. The settlement agreement was entered into between the
parties on 24.07.2019.
In compliance of earlier Court’s order dated 15.12.2021, the
appellant vide IA No.1055/2021 has filed a fresh Bankers Cheque No.030385
dated 10.1.2022 of Rs.4,26,667/- (Four Lakhs Twenty Six Thousand Six
Hundreds and Sixty Seven) in the name of the respondent -wife before the
Registry of this Court on 11.1.2022.
In the light of the fact that the parties have amicably resolved their
disputes and decided to live separately. Vide IA No.1055/2021 the
appellant-husband has filed a fresh Bankers Cheque No.030385 dated
10.1.2022 of Rs.4,26,667/- (Four Lakhs Twenty Six Thousand Six Hundreds
and Sixty Seven) in the name of the respondent-wife before the Registry of
this Court on 11.1.2022. For fortifying the aforesaid contentions, mediation
report dated 24.7.2019 is also available on record. Under these
circumstances, we deem it appropriate to dispose of this appeal.
Accordingly, we allow IA No.436/2022, application for grant of divorce by
way of mutual consent and set aside the impugned judgment and decree dated
28.7.2015 passed by First Additional District Judge, Khurai, District Sagar
(MP) in H.M.A. Case No.2-A/12.
As a necessary consequences, a decree of divorce is granted to the
appellant-husband and respondent-wife by way of consent under Section 13-
B of the Act. The marriage solemnized between the appellant- husband and
the respondent- wife on 22.6.2007 stands annulled. The cheque submitted by
the appellant -husband in the Registry shall be given to the respondent - wife
for encashment.It is also made clear that the settlement agreement will form
part of the decree.
In view of the above order, the parties are restrained from making any
further claims from each other arising out of the dissolved marriage.
CC as per rules.
(SUJOY PAUL) (ARUN KUMAR SHARMA)
JUDGE JUDGE
JP
Signature Not Verified
SAN
Digitally signed by JITENDRA KUMAR
PAROUHA
Date: 2022.01.17 15:40:17 IST
