Smt. Pratima Tripathi W/O Shri ... vs Ankit Tripathi
2023 Latest Caselaw 13419 MP

                                  1
 IN     THE         HIGH COURT OF MADHYA PRADESH
                         AT JABALPUR
                         BEFORE
            HON'BLE SHRI JUSTICE SHEEL NAGU
                            &
      HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)
                      ON THE 17 th OF AUGUST, 2023
                     FIRST APPEAL No. 1495 of 2022

BETWEEN:-
SMT. PRATIMA TRIPATHI W/O SHRI ANKIT TRIPATHI
D/O SHRI KHEM PRASAD BRAHMAN, AGED ABOUT 27
YEAR S, OCCUPATION: UNEMPLOYMENT, R/O GRAM
MAJHGAWA, THANA/TEHSIL SHAHPURA, DISTRICT
DINDORI (M.P.)

                                                              .....APPELLANT
(BY SHRI DINESH TRIPATHI - ADVOCATE)

AND
ANKIT TRIPATHI S/O SHRI RAMAKANT TRIPATHI,
AGED ABOUT 33 YEARS, OCCUPATION: PRIEST
(PANDITAI), R/O GRAM CHATHA, POST MITHORI,
THANA-SINHPUR, TEHSIL SOHAGPUR, DISTRICT
SHAHDOL (M.P.)

                                                            .....RESPONDENT
(BY SHRI VIVEK SHUKLA - ADVOCATE )

      This appeal coming on for orders this day, JUSTICE SHEEL NAGU
passed the following:
                                 JUDGMENT

This first appeal u/S. 19 of the Family Courts Act, 1984 has been preferred against compromise decree entered into between the rival parties where a joint request by the husband and wife for divorce on certain terms and conditions was approved by the Family Court resulting in passing of divorce decree. Before passing the divorce decree, statement of the wife as well as

husband was obtained on oath in support of the said request.

2. This appeal has been preferred by the wife against the judgment and decree dated 20.06.2022 passed by Principal Judge, Family Court, Shahdol in RCSHM No.101/2021 on the ground that the decree is obtained by fraud as she had never agreed for divorce but had merely agreed for withdrawal of the criminal case filed u/Ss. 498-A, 294, 323, 506-B, 406/34 of IPC lodged by the wife against the husband and the pending case u/S.125 of Cr.P.C.

3. A bare perusal of the joint application made by rival parties before the Family Court, it is clear that both wanted to part ways on certain terms and conditions as cohabitation was not possible. The said joint application was

supported by the testimony of rival parties and thereafter the Family Court passed the compromise decree.

4. The wife in this appeal now cannot go back from her statement by alleging that she had only agreed for withdrawal of the said two cases against the husband and not for divorce especially in view of the clear averments made in the joint application before the Family Court duly supported by the affidavit of the rival parties that they intend to annul the marriage by consent on certain terms & conditions.

5. In view of above, this appeal has no merit and is dismissed.

     (SHEEL NAGU)                              (AMAR NATH (KESHARWANI))
        JUDGE                                           JUDGE
DV


DINESH VERMA
2023.08.18
10:13:36 +05'30'