Madhya Pradesh High Court
Smt. Anuradha Shrivastava vs Devendra Shrivastava on 4 December, 2023
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
FA No. 383 of 2022
(SMT. ANURADHA SHRIVASTAVA Vs DEVENDRA SHRIVASTAVA)
Dated : 04-12-2023
Shri Siddharth Sharma - Advocate for the appellant/ wife.
Shri Vivek Mishra - Advocate for the respondent/ husband.
In compliance of the order dated 29-11-2023, appellant- Anuradha and
respondent - Devendra are personally present before this Court.
Learned counsel for the parties submit that both parties have settled their
dispute.
I.A. No.6892 of 2023, an application under Section 13-B of the Hindu
Marriage Act has been filed by both the parties supported by their affidavits.
Let both the parties appear before the Principal Registrar today at 1:00
PM to ink down their identities, intent and for recording their statements.
Let the case be taken up post lunch at 3:30 pm with the report of the
Principal Registrar in this regard.
(ROHIT ARYA) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
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Later on:
Case is placed before this Court at 03:30 pm.
Appellant/wife and respondent/husband both appeared before the
Principal Registrar of this Court; their identities were verified with documentary
evidence and through their respective counsel; and then their statements were
recorded.
This Court has perused statements of parties so recorded and contents
of the application (IA.No.6892 of 2023) filed under 13-B of Hindu Marriage
Act. Though appellant /wife has suffered dismissal of her divorce petition filed
under Section 13(1) of Hindu Marriage Act vide judgment dated 13.01.2022
passed by Second District Judge, Dabra, District Gwalior (M.P.) in HMA Case
No.37 of 2021 but as observed by this Court on 29.11.2023, both the parties
have decided to part with as they have not been able to live a happy married life.
Marriage between the two was solemnized on 17.11.2009. They lived together
up to the year 2017. Due to mental incompatibility and cultural differences both
did not have a happy married life. Albeit they are blessed with two children,
namely, Chitransh, aged 13 years and Divyansh, aged 10 years living with
respondent/husband. They submit that the marriage between them may be
dissolved.
For the reasons stated in the application and the statements recorded,
upon hearing learned counsel for the parties and in the obtaining facts and
circumstances of the case, we hereby pass the following order:
1. The marriage between appellant/wife, namely, Smt. Anuradha
Shrivastava and respondent/husband Mr. Devendra Shrivastava solemnized on
17.11.2009 at Dabra, District Gwalior (M.P.) stands dissolved;
2. Henceforth, both appellant/wife and respondent/husband are free to
lead life independent of each other as per their will and wishes;
3. Either party shall have no right, interest, claim whatsoever against each
other, in any manner whatsoever;
4. If any case Civil/Criminal has been filed by either party against each
other before any Court or Forum of any nature whatsoever shall be withdrawn
unconditionally;
5. Every fortnightly, either appellant/wife may visit the house of
respondent/husband to meet her children, namely, Chitransh and Divyansh and
may also spend time with them outside the house, provided children are willing.
Or, respondent/husband shall take children to the house of appellant/wife at
Dabra, District Gwalior for meeting of children with their mother i.e.
appellant/wife so that all may also spend time together in the house or/and
outside the house. In other words, this direction shall be followed by
appellant/wife and respondent/husband alternatively. During festivals also, both
the parties shall endeavour that they spend time with children together either at
appellant's house or at respondent's house.
Owing to default, either party shall be free to approach this Court for
variation or modification of the aforesaid conditions.
Decree be drawn up accordingly.
(ROHIT ARYA) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
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