Citation : 2023 Latest Caselaw 7362 MP
Judgement Date : 4 May, 2023
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 4 th OF MAY, 2023
FIRST APPEAL No. 269 of 2019
BETWEEN:-
CHETNA AGARWAL W/O SAJAL AGARWAL, AGED 33
YEAR S, OCCUPATION: HOUSE WIFE R/O FATEHPUR
ROAD, NEAR VIJAY STEEL, CITY KOTWALI, SHIVPURI
(MADHYA PRADESH)
.....APPELLANT
(BY SHRI DEEPENDRA RAGHUVANSHI - ADVOCATE)
AND
SAJAL AGARWAL S/O MANMOHAN AGARWAL, AGED 35
YEAR S, OCCUPATION: SHOPKEEPER R/O HANUMAN
GALI, SADAR BAZAR, GUNA (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI ROHIT BANSAL - ADVOCATE)
This appeal coming on for orders this day, JUSTICE ROHIT ARYA
passed the following:
ORDER
This appeal by wife under Section 28 of the Hindu Marriage Act, 1955 read with Section 19 of the Family Courts Act, 1984, is directed against the common judgment and decree dated 08.01.2019, passed by Principal Judge, Family Court, Shivpuri, whereby the appellant's RCS-HM No. 143A/2017 under Section 9 of Hindu Marriage Act has been dismissed and respondent's RCS-HM No. 3A/2018 under Section 13 of the Hindu Marriage Act has been allowed.
In terms of the order passed by this Court on 01.05.2023, both parties have appeared before the Principal Registrar of this Court and recorded their statements. Their statements have been recorded with their ID proof.
This Court has perused the statements recorded. Both the parties have agreed to depart like friends as they cannot live like friends as husband and wife.
This Court appreciates the efforts made by learned counsel for the parties persuading them to reach to an amicable settlement.
Hence, this Court passes the following order:
(1) The impugned judgment and decree of divorce dated 08.01.2019 is confirmed.
(2) Marriage between the appellant-wife and respondent-husband solemnized on 11.06.2015 stands dissolved.
(3) Either party is free to lead life as per their will and wishes and contact other marriage. (4) Either party shall have no right, claims, interest etc. against each other in any manner whatsoever. (5) Cases if any filed by either party within the jurisdiction of Madhya Pradesh High Court shall stand closed.
Registry is directed to prepare a decree in terms of the compromise application.
First Appeal stands disposed of accordingly.
(ROHIT ARYA) (SATYENDRA KUMAR SINGH)
JUDGE JUDGE
yog
YOGESH VERMA
2023.05.04
VALSALA
VASUDEVAN
2018.10.26
15:14:29 -07'00'
18:48:51 +05'30'
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