Shikha Arya vs Rishi Arya
2023 Latest Caselaw 7877 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 12 th OF MAY, 2023
                     FIRST APPEAL No. 1194 of 2022

BETWEEN:-
SHIKHA ARYA W/O SHRI RISHI ARYA D/O SHRI
SANTOSH KUMAR, AGED ABOUT 29 YEARS,
OCCUPATION: DOMESTIC WORK, R/O AT PRESENT F-60
ADITYAPURAM BHIND ROAD, GWALIOR (MADHYA
PRADESH)

                                                                .....APPELLANT
(BY SHRI ANMOL KHEDKAR - ADVOCATE)

AND
RISHI ARYA S/O SHRI GAURISHANKAR ARYA, AGED
ABOUT 36 YEARS, OCCUPATION: HOSTEL OWNER, R/O
F-17 PATEL NAGAR CITY CENTER, GWALIOR (MADHYA
PRADESH).

                                                              .....RESPONDENT
(BY SHRI PRAVEEN KUMAR CHATURVEDI - ADVOCATE )

      This appeal coming on for order this day, JUSTICE ROHIT ARYA

passed the following:
                                    ORDER

This appeal under Section 19 of the Family Courts Act, 1984 has been filed by the appellant-wife against the refusal to grant decree of divorce by the Family court, Gwalior vide order dated 05.07.2022 passed in case No. RCSHM-10573/2018.

Under the orders of this Court dated 11.05.2023, both appellant-wife and respondent-husband appeared before the Principal Registrar of this Court for

recording of their statements. They were identified by their respective counsel and the statements have been recorded.

On perusal thereof it appears that both have decided to part away as dignified individuals as they can not continue to lead a married life. Therefore, I.A.No.2364/2023 filed under Order 23 Rule 30 of IPC has been taken up for consideration.

Both the parties are present before this Court and state that the terms of compromise are reiterated in the application.

In view of the aforesaid, we hereby pass the following order :-

1. Impugned judgment and decree dated 05.07.2022 passed by the

Family Court in case No. RCSHM-10573/2018 is hereby set aside.

2. Marriage between the appellant - Shikha Arya and respondent - Rishi Arya solemnized on 18.02.2017 is hereby dissolved.

3. Henceforth both the appellant and respondent shall have no claim against each others of whatsoever nature before any forum.

4. Both the appellant and respondent are free to lead personal independent life without any obligation for each other with distinct legal identity.

Let a decree be drawn in terms of the order passed above. I.A.No.2364/2023 shall be part of the decree to be prepared by the Registry.

With the aforesaid, appeal stands disposed of.

          (ROHIT ARYA)                                (SATYENDRA KUMAR SINGH)
             JUDGE                                             JUDGE
     SP

SANJEEV
KUMAR PHANSE
2023.05.15
11:18:19 +05'30'