Smt. Shahnaz Akhtar D/O Shri Azmal ... vs Asadulla Khan
2023 Latest Caselaw 10086 MP

                                                           1
                          IN     THE      HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                   BEFORE
                                      HON'BLE SHRI JUSTICE SHEEL NAGU
                                                      &
                                HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
                                                 ON THE 4 th OF JULY, 2023
                                              FIRST APPEAL No. 625 of 2017

                         BETWEEN:-
                         SMT. SHAHNAZ AKHTAR D/O SHRI AZMAL KHAN W/O
                         SHRI ASADULLA KHAN, AGED ABOUT 26 YEARS, R/O
                         MOHALLLA GHOGAR, WARD NO. 34, TEHSIL HUZUR,
                         (MADHYA PRADESH)

                                                                                        .....APPELLANT
                         (BY SHRI PARAS NATH DAS, ADVOCATE)

                         AND
                         ASADULLA KHAN S/O SHRI ABDULLA KHAN, AGED
                         ABOUT 28 YEARS, OCCUPATION: MOTOR MECHANIC
                         AND SELLER OF SPARE PARTS, R/O AYAZ ALI MARG,
                         SAFFU MISTRI KA MUHALLA, GHOGHAR WARD NO. 34,
                         TEHSIL-HUZUR (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                         (BY SHRI SATYENDRA PD. DUBEY, ADVOCATE )

                               This appeal coming on for orders this day, JUSTICE SHEEL NAGU

                         passed the following:
                                                            ORDER

The present appeal assails the judgment and decree passed on 22.7.2017 by Principal Judge, Family Court, Rewa District-Rewa in Civil Suit No.157(A)/2013 whereby the petition for divorce preferred by the wife was rejected by the Family Court. The wife has assailed the aforesaid in this first appeal. The husband had appeared before this Court in person and expressed his desire to part ways with his wife as he was staying away from his wife since Signature Not Verified Signed by: MRS PREETI TIWARI Signing time: 7/7/2023 6:03:11 PM

about ten years with no hope and possibility of settlement.

2. In view of above, it is obvious that the wife as well as husband both want the marriage to be annulled to enable them to stay away from each other. The parties have expressed their desire to invoke the provisions of Section 28 of the Special Marriage Act to obtain divorce by consent.

3. At this juncture, it is also informed by learned counsel for respondent/husband that the husband has recently filed divorce petition before the Family Court, Rewa which is pending adjudication.

3.1. The husband has also expressed his desire that if this Court permits the husband to obtain divorce by consent, then he is ready and willing to

withdraw his divorce petition.

4. In view of above submissions and the consensus arrived at between the parties, the instant first appeal is disposed of with following directions :

(i) The parties shall jointly appear before the Family Court, Rewa by filing appropriate application u/S. 28 of the Special Marriage Act along with application for condoning the cooling period of six months.

(ii) If the aforesaid directions are complied with within a period of 30 days from today, then the joint application filed u/S. 28 of the Special Marriage Act shall be considered and decided by the Family Court of competent jurisdiction by waiving the cooling period of six months considering the fact that the rival parties are staying away from each other since a decade with no possibility of settlement in sight.

(iii) The Family Court, Rewa is expected to decide the divorce petition filed with consent as expeditiously as possible preferably within a period of one month from its presentation.

Signature Not Verified Signed by: MRS PREETI TIWARI Signing time: 7/7/2023 6:03:11 PM

(SHEEL NAGU) (AVANINDRA KUMAR SINGH) JUDGE JUDGE P/-

Signature Not Verified Signed by: MRS PREETI TIWARI Signing time: 7/7/2023 6:03:11 PM