Smt. Geeta Shah vs Kamlesh Shah
2023 Latest Caselaw 9275 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 21 st OF JUNE, 2023
                                               FIRST APPEAL No. 1175 of 2022

                           BETWEEN:-
                           SMT. GEETA SHAH W/O KAMLESH SHAH, AGED ABOUT
                           28 YEARS, VILLAGE GORBI NAUDIHA CHAUKI GORBI
                           POLICE STATION MORWA DISTRICT SINGRUALI M.P.
                           AT PRESENT R/O TELGAWAN (MATWAI) POLICE
                           STATION VINDHYANAGAR DISTRICT SINGRAULI M.P.
                           (MADHYA PRADESH)

                                                                                         .....APPELLANT
                           (BY SHRI PAWAN KUMAR SAXENA - ADVOCATE)

                           AND
                           KAMLESH SHAH S/O RAMSUBHAG SHAH, AGED ABOUT
                           31 YEARS, VILLAGE GORBI NAUDIHA CHAUKI GORBI
                           POLICE STATION MORWA DISTRICT SINGRAULI M.P.

                                                                                        .....RESPONDENT
                           (BY SHRI MANOJ KUMAR RAJAK - ADVOCATE)

                                 This appeal coming on for orders this day, JUSTICE AVANINDRA

                           KUMAR SINGH passed the following:
                                                              ORDER

This first appeal u/S 19 of Family Courts Act, 1984 is preferred by appellant-wife challenging the judgment and decree dated 12.05.2022 passed by Principal Judge, Family Court, Singrauli (M.P.) in Civil Case No.HM-122/2021.

I.A. No.8659/2022, which is an application for condonation of delay in preferring the appeal. The reason assigned in the application for delay in preferring the appeal appears to be bonafide. Counsel for the opposite side has Signature Not Verified Signed by: RAJESH MAMTANI Signing time: 23-06-2023 18:05:30

opposed prayer for condonation of delay. Looking to the the facts and circumstances of the case, the delay of 40 days which is not inordinate is condoned.

Accordingly, I.A. No.8659/2022 is allowed. Record of the Family Court has been received. Though the matter was listed today for orders on application for condonation of delay, however, with the consent of learned counsel for rival parties, it is taken up for admission.

After hearing learned counsel for both the parties and perusing the record, the appeal seems to be arguable and thus is admitted for hearing.

Learned counsel for the rival parties made a joint prayer that a short question is involved since the Family Court while passing the judgment and decree u/S 13(B) of Hindu Marriage Act has not granted amount of permanent alimony and 'streedhan' and non adjustment of gifts given by parties to each other in marriage, therefore, matter be heard finally. On the request of learned counsel for the rival parties, the matter is heard finally.

Short facts of the case are that the appellant/ wife and respondent/ husband had filed an application u/S 13(B) of the Hindu Marriage Act before the Family Court which after recording the evidence and hearing the rival parties granted decree of divorce vide judgment dated 12.05.2022.

The appellant-wife has assailed the part of judgment of the Family Court on the ground that appellant-wife has clearly stated in her statement in Court as per pleadings in joint petition with regard to grant of permanent alimony and 'streedhan'. It is also stated that evidence was also given with regard to 'streedhan', etc. but without appreciation of the evidence adduced by the

Signature Not Verified Signed by: RAJESH MAMTANI Signing time: 23-06-2023 18:05:30

parties, the relief of permanent alimony and 'streedhan', etc. has been denied hence prayer has been made for modification of part of judgment dated 12.05.2022 to the above effect.

Learned counsel for the respondent has supported the judgment and decree passed by the trial Court.

We have heard the learned counsel for the rival parties and perused the record. The parties in their joint application in paragraphs 3 to 6 as also under special submissions have stated as to what they had spent at the time of their marriage. The same is position with regard to the statements made by the parties and their witnesses in Court as also exhibited documents. A perusal of judgment passed by the trial Court it is apparent that the Family Court has framed only an issue regarding decree of divorce on the basis of consent. In paragraph 22, which is operative part of the judgment, there is no finding as regards claim of parties relating to permanent alimony, 'streedhan' or gift items given by the parties to each other in marriage.

Hence, looking to the nature and circumstances of the case, we deem it fit to dispose of the appeal while keeping the judgment and decree of the Family Court granted u/S 13(B) of the Hindu Marriage Act on the basis of consent as intact and remand the matter to the Family Court for framing additional question as regards 'streedhan', permanent alimony and gift items given by both the

parties to each other in marriage and decide the same after hearing both the parties as pleadings and evidence are already on record. The above issue shall be decided by the Family Court as per law, which shall form a part of decree.

The appeal stands disposed of accordingly.

Signature Not Verified Signed by: RAJESH MAMTANI Signing time: 23-06-2023 18:05:30

(SHEEL NAGU) (AVANINDRA KUMAR SINGH) JUDGE JUDGE RM

Signature Not Verified Signed by: RAJESH MAMTANI Signing time: 23-06-2023 18:05:30