Smt.Shobha Shakya vs Indar Singh Shkya
2022 Latest Caselaw 15363 MP

                                    1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                               FA No. 93 of 2011
                      (SMT.SHOBHA SHAKYA Vs INDAR SINGH SHKYA)

Dated : 22-11-2022
       Shri R.K. Upadhyay, Advocate with the appellant-wife.

       Shri R.K. Soni, Advocate with the respondent-husband.

In compliance of the order dated 2.11.2022 appellant-wife Smt. Shobha and respondent-husband Indar Singh Shakya are present.

Both parties have amicably settled the dispute/difference. Let both the parties appear before the Principal Registrar / OSD of this

Bench for recording of their statement.

Put up this appeal for further orders at 3.30 pm today.

   (ROHIT ARYA)                                   (MILIND RAMESH PHADKE)
      JUDGE                                                JUDGE



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       Later on at 3:30 pm

Case is taken up. Both the parties are present with their counsel. Their

statements have been recorded before the OSD/ Registrar of the High Court of M.P. Bench at Gwalior. It has been agreed upon that respondent/ husband shall pay permanent alimony @ 10,000/- per month to the appellant/ wife during her life time.

This first appeal at the instance of appellant/ wife filed under Section 28 of the Hindu Marriage Act is directed against the judgment and decree dated 21/01/2011 passed in Case No.01/2009 (HMA) by First Additional District Judge, Bhind, whereby application for judicial separation filed under Section 10

of the Hindu Marriage Act by the appellant/ wife has been dismissed.

As transpired during the course of arguments that both the parties though married in the year 2002, but have been living separately for the last 17 years. As a matter of fact, love is lost, emotions are dried up and marriage has become irretrievable. No useful purpose shall be subserved as despite best efforts at different points of time, parties remained unable to come on the same page i.e. to live together.

Under such circumstances, as agreed to by the parties, in terms of the statements recorded [supra], this Court is of the view that if parties cannot live like friends, they may depart like friends and start their lives afresh separately.

Consequently, the impugned order dated 21/01/2011 is set aside. Marriage of the appellant/ wife and respondent/ husband is hereby dissolved. Appellant and respondent are free to lead their independent lives.

This order is subject to payment of Rs.10,000/- per month by the respondent/husband to the appellant/wife on every 8th day of the succeeding month without any default, failure of compliance of this condition shall result in revival of this appeal on an application moved by the appellant/wife in that behalf. Besides, delay in payment shall also entail interest at the rate of 12% per annum. The aforesaid amount of Rs.10,000/- is in place of amount of Rs.7,000/- directed to be paid during pendency of the proceedings before the trial court. The Competent Authority of the department where respondent is serving shall deduct the amount of Rs.10,000/- from the salary of the respondent/husband and credit the same in the saving account of appellant/wife details whereof are already available in the record of the office of respondent/husband.

Present appeal stands disposed of in the aforesaid manner.

     (ROHIT ARYA)           (MILIND RAMESH PHADKE)
        JUDGE                        JUDGE

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     VARSHA
     CHATURVEDI
     2022.11.23
     17:50:28 +05'30'