Nishant Mishra vs Smt. Shradha Mishra
2022 Latest Caselaw 6708 MP

                                                           1
                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                        BEFORE
                                           HON'BLE SHRI JUSTICE SUJOY PAUL
                                                           &
                                      HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                                   ON THE 5th OF MAY, 2022

                                             FIRST APPEAL No. 1496 of 2018

                               Between:-
                               NISHANT MISHRA S/O RAJESH KUMAR MISHRA,
                               AGED ABOUT 34 YEARS, IN THE BACK SIDE OF
                               GAYATRI MANDIR PANNA TEHSIL AND DISTT.
                               PANNA (MADHYA PRADESH)

                                                                                          .....APPELLANT
                               (BY SHRI D.K. DIXIT, ADVOCATE)

                               AND

                               SMT. SHRADHA MISHRA W/O SHRI NISHANT
                               MISHRA D/O LATE NARAYAN DAS MISHRA, AGED
                               ABOUT    35  YEARS, NEAR KANCH MANDIR
                               TIKURIYA MOHALLA PANNA TEHSIL AND DISTT.
                               PANNA (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                               (BY SHRI RAM SINGH RATHORE, ADVOCATE)

                            T h is appeal coming on for hearing this day, JUSTICE DWARKA

                      DHISH BANSAL passed the following:
                                                            ORDER

This appeal has been filed by the appellant/plaintiff/husband challenging the judgment and decree dated 23/06/2018 passed by the Principal Judge of Family Court, Panna in HMA Case No.90-A/2015, whereby petition for divorce under Section 13 of Hindu Marriage Act, 1955, filed by the appellant/husband has been dismissed.

2. Upon listing the case, notice was issued to the respondent/wife who put in appearance through advocate and as per request of the counsel for the parties, matter was listed for reconciliation on 04/03/2020. Thereafter, vide order dated 02/08/2021 as per joint request of the parties, matter was referred for mediation, in pursuance of which, both the parties remained present before the Mediator, who

Signature Not submitted its report firstly on 04/09/2021, then on 17/09/2021 however mediation SAN Verified remained unsuccessful.

Digitally signed by RASHMI RONALD VICTOR Date: 2022.05.07 10:40:21 IST

3. Again upon listing the case on 24/11/2021 and looking to the convenience of the parties, the mediation proceedings were directed to be held at District Panna. In pursuance of which, parties filed joint application for compromise before the District Legal Services Authority, Panna on 10/12/2021, whereby it was agreed that

the appellant shall pay an amount of Rs.22,00,000/- (Rupees Twenty Two Lakhs Only) as permanent alimony.

4. Lastly, on 04/04/2022, learned counsel for the parties assured this Court to file joint application for settlement/dissolution of marriage by taking into account the settlement arrived at on 10/12/2021 before the Mediation Centre, Panna.

5. In compliance thereof, both the parties have filed joint application (I.A. No.4211/2022) for granting the decree as per the settlement, which is supported by an affidavit of appellant/Nishant Mishra and respondent/Smt. Shradha Mishra, whereby they have agreed to become separate as the appellant is ready to pay Rs.22,00,000/- to the respondent as one time settlement.

6. Today, counsel for the appellant has also handed over a banker's cheque No.076812 dated 18/02/2022 of State Bank of India of Rs.22,00,000/- in the name of Shradha Choubey to the counsel for respondent who submits that he has no objection in passing the decree in pursuance of the settlement arrived at before District Legal Services Authority, Panna on 10/12/2021. Copy of said cheque has also been placed on record of this appeal.

7. After taking into consideration the aforesaid, it is clear that both the parties have settled their dispute amicably and have also agreed to become separate upon payment of Rs.22,00,000/- by the appellant (husband) to the respondent (wife) as permanent alimony. Accordingly, the appeal filed by the appellant/husband is hereby allowed and the marriage between the parties is hereby dissolved. No doubt, parties shall be bound by the terms and conditions mentioned in the mediation report(s) as well as in the I.A. No.4211/2022.

8. Registry is directed to draw the decree accordingly.

     (SUJOY PAUL)                                       (DWARKA DHISH BANSAL)
        JUDGE                                                  JUDGE
RS