Smt. Kaliya Dhakad vs Balveer Dhakad
2023 Latest Caselaw 6226 MP

                                 1
 IN    THE       HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                         BEFORE
            HON'BLE SHRI JUSTICE ROHIT ARYA
                            &
      HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH
                        ON THE 18 th OF APRIL, 2023
                    FIRST APPEAL No. 1520 of 2022

BETWEEN:-
SMT. KALIYA DHAKAD W/O SHRI BALVEER DHAKAD
D/O SHRI PARMANAD DHAKAD, AGED ABOUT 26
YEARS, OCCUPATION NIL, R/O VILLAGE MOHARA,
PARGNA KOLARAS, DISTRICT SHIVPURI (MADHYA
PRADESH)

                                                              .....APPELLANT
(BY MR. B.S. DHAKAD - ADVOCATE)

AND
BALVEER DHAKAD S/O SHRI BHAGWAN SINGH
DHAKAD, AGED ABOUT 29 YEARS, OCCUPATION:
PRIVATE JOB, R/O VILLAGE SATANPUR POLICE
STATION BAJRANGARH, DISTRICT GUNA (MADHYA
PRADESH)

                                                            .....RESPONDENT
(BY MR. AJAY SINGH RATHORE - ADVOCATE)

      This appeal coming on for hearing this day, JUSTICE ROHIT ARYA
passed the following:
                                  ORDER

This appeal by wife under Section 19 of the Family Court Act is directed against the judgment dated 06.09.2022 rendered in case No.159/2020 (Smt. Kaliya Dhakad, W/o Balveer Dhakad, D/o Parmanand Dhakad Vs. Balveer Dhakad).

The Family Court has dismissed the suit for divorce filed under Section

13(1)(i-a) of Hindu Marriage Act, 1955.

The order-sheet dated 12.04.2023 suggests that both the parties have decided to part with gracefully and volunteered for compromise decree of divorce.

Therefore, both of them were directed to appear before the Principal Registrar for recording of their statements and thereafter placing the case before this Court at 3 O'clock. Their statements have been recorded with their ID proof.

On perusal of their statements so recorded and their consent in open Court, it is amply clear that both of them want to part with on a positive note.

Consequently, this appeal is disposed of on following terms :

(1) Marriage between the appellant and respondent solemnized on 10.05.2018 at Samuhik Vivaah Sammelan, Village Bhensda, Tehsil Kolaras, District Shivpuri stands dissolved. (2) Henceforth, the appellant and respondent are independent entities and both of them are free to contract new marriage. Both the parties are free to lead an independent dignified life. (3) Either party shall not have any claim whatsoever against each other in any manner.

The impugned judgment dated 06.09.2022 is hereby set aside. Registry is directed to prepare decree accordingly.

                           (ROHIT ARYA)                                             (SATYENDRA KUMAR SINGH)
                              JUDGE                                                          JUDGE
        bj/-

BARKH
        Digitally signed by BARKHA
        SHARMA
        DN: c=IN, o=HIGH COURT OF
        MADHYA PRADESH BENCH
        GWALIOR, ou=HIGH COURT OF


A
        MADHYA PRADESH BENCH

GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=3e36b1b2d6eed9536d1b

SHARM 38ba570a4828b594cc6ef332778d 1c7ede28eab061c3, pseudonym=7368F8C45E320EAB4 89D20DE1465D83541AEB193, serialNumber=A299B1E2B57EB3E7

A 9D641AE7355F675DC1134B3CA89 12AA7A3F8AABDF66804A6, cn=BARKHA SHARMA Date: 2023.04.19 10:57:17 +05'30'