Smt. Madhubala Bheel vs Amarlal Bheel
2023 Latest Caselaw 1505 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 25 th OF JANUARY, 2023
                                               FIRST APPEAL No. 2316 of 2018

                          BETWEEN:-
                          SMT. MADHUBALA BHEEL W/O AMARLAL, D/O
                          PRAHLAD SINGH, AGED 32 YEARS, OCCUPATION:
                          GOVT. SERVICE, R/O HANUMAN COLONY, BARAI
                          ROAD, HOUSE OF MUNNALAL KUSHWAH BADARWAS
                          PS BADARWAS, TAHSIL KOLARAS, DISTRICT SHIVPURI,
                          AT PRESENT R/O MAT MOHALLA, HOUSE OF JAGDISH
                          BHARTIYA,   BADARWAS,    KOLARAS,     DISTRICT
                          SHIVPURI (MADHYA PRADESH)

                                                                                         .....APPELLANT
                          (SHRI RAJEEV SHRIVASTAVA-ADVOCATE FOR THE APPELLANT)

                          AND
                          AMARLAL BHEEL S/O SHRI LAL CHAND BHEEL, AGE 40
                          Y E A R S , OCCUPATION:  AGRICULTURIST,   R/O
                          MODIJHAR, POST-JUNAKHERA, TAHSIL ASHNAWAR,
                          DISTRICT JHALAWAD (RAJASTHAN)

                                                                                       .....RESPONDENT
                          (DR. JITENDRA SINGH KUSHWAH-ADVOCATE FOR THE RESPONDENT)

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

This appeal filed by the Wife is directed against the judgment dated 02.11.2018 passed in Case No.168-A/2018 (HMA) by the Principal Judge, Family Court, Shivpuri (M.P.) rejecting the application for divorce filed on the ground of cruelty.

Signature Not Verified Signed by: PAWAN DHARKAR Signing time: 1/25/2023 6:46:52 PM

Learned counsel for the appellant submits that appellant is living separately from the respondent/husband since 2016. Love is lost and emotions are dried up. Marriage has become irretrievable. She does not intend to live with the husband. Under such circumstances, no useful purpose would be served in keeping this appeal pending.

At this stage, when this Court pointedly queried learned counsel for the respondent/husband about the wishes of respondent, to his dismay, learned counsel submits that since 2018, respondent/husband has not contacted him and it appears that he has also lost patience to contest this appeal.

In view of the aforesaid facts and circumstances, we deem it proper to

dissolve the marriage between the two as since both of them has not been able to live together as friends, let them depart like friends and lead a fresh lease of life.

Accordingly, in view of the judgment rendered by the Hon'ble Supreme Court in the case of Sivasankaran Vs. Santhimeenal in Civil Appeal Nos.4984-4985 of 2021 [Arising out of SLP(C) No.17505-17506/2019] marriage between the two is dissolved. Both the parties, if have filed any proceedings before any Authority, Forum or Court against each other, all the cases shall stand dismissed.

Either party shall not have any claim whatsoever of any nature against each other in future.

With the aforesaid, the appeal stands disposed of. Let a decree be prepared accordingly.

(ROHIT ARYA) (SATYENDRA KUMAR SINGH) Signature Not Verified Signed by: PAWAN DHARKAR Signing time: 1/25/2023 6:46:52 PM

JUDGE JUDGE pd

Signature Not Verified Signed by: PAWAN DHARKAR Signing time: 1/25/2023 6:46:52 PM