Rupesh Sahu vs Smt. Shusma
2022 Latest Caselaw 4220 MP

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   IN THE HIGH COURT MADHYA PRADESH AT JABALPUR
                                      BEFORE
                  HON'BLE SHRI JUSTICE SHEEL NAGU
                                           &
    HON'BLE SHRI JUSTICE PURUSHAINDRA KUMAR KAURAV
                        FIRST APPEAL No. 849 of 2013

               Between:-

               RUPESH SAHU AGED ABOUT 20 YEARS
               S/O SHRI VISHWANATH SAHU R/O
               VILLAGE SUKHA POLICE STATION
               PATHARIYA DISTRICT DAMOH (M.P.).
                                           .....APPELLANT

               (BY BHUPENDRA KUMAR SHUKLA - ADVOCATE)

                                          AND

              SMT. SHUSHMA AGED 19 YEARS D/O
              SHIVDAYAL SAHU R/O VILLAGE
              SONKHEDA     THANA     TEJGARH
              DISTRICT DAMOH (M.P.).
                                           ....RESPONDENT

             (BY SHRI SUSHIL KUMAR SHARMA - ADVOCATE)
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       Reserved on                    :        07.12.2021

       Delivered on                   :        25.03.2022

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Per :         Justice Purushaindra Kumar Kaurav :

                             JUDGMENT

This first appeal preferred by the husband under Section 28 of the Hindu Marriage Act, 1955 assails rejection of the civil suit filed by husband under Section 12 of the Hindu Marriage Act for declaring the marriage dated 25.04.2012 to be voidable, vide judgment and decree dated 29.10.2013 passed by District Judge, Damoh in Civil Suit No.4-A/2013.

2. During the course of pendency of this appeal, an application I.A. No.8916-2021 for dissolution of marriage by mutual consent has been filed by the parties. The same is jointly signed and duly supported by affidavits of both husband and wife.

3. In the aforesaid application, the parties have agreed to part ways and in terms of the contents of the said I.A., they are at consensus to dissolve the marriage solemnized between them on 25.04.2012.

4. 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, the possibility of cohabitation is bleak. It would be appropriate in the fitness of things and to give quietus to the long standing discord by condoning 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 of agony being faced by the husband and wife since so many years.

5. Since settlement has taken place and the rival parties have decided to part ways, the earlier direction of debiting the monthly maintenance allowance stands recalled.

6. Accordingly, this Court deems it appropriate to allow I.A. No.8916/2021 and permits the rival parties to dissolve the marriage dated 25.04.2012 by mutual consent in terms of the contents of the said I.A.

7. The marriage dated 25.04.2012 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.

       (SHEEL NAGU)                                   (PURUSHAINDRA KUMAR KAURAV)
          JUDGE                                                   JUDGE

MKL.

MANOJ       Digitally signed by MANOJ KUMAR LALWANI
            DN: c=IN, o=HIGH COURT OF MADHYA
            PRADESH, ou=HIGH COURT OF MADHYA

PRADESH, postalCode=482001, st=Madhya

KUMAR Pradesh, 2.5.4.20=ad36bd0a68daf2238756985812b125 26281ad9d6703a41595304a2e8195ef028, pseudonym=3050F1D083ED3727ADE7D79B5 5E8D2D9ECCF44E5,

LALWANI serialNumber=8C3E535065CECE45851C1EF8 F4C941F5F7BBEFDAF1B1EDF887C4DEDED3D A0AA3, cn=MANOJ KUMAR LALWANI Date: 2022.03.25 19:10:03 +05'30'