Manish Kumar Nimoriya vs Smt. Vijyaraje
2023 Latest Caselaw 16914 MP

                            1
 IN   THE     HIGH COURT OF MADHYA PRADESH
                    AT GWALIOR
                         BEFORE
            HON'BLE SHRI JUSTICE ROHIT ARYA
                            &
      HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
                ON THE 11 th OF OCTOBER, 2023
                FIRST APPEAL No. 1838 of 2018

BETWEEN:-
MANISH KUMAR NIMORIYA S/O LAXMINARAYAN
NIMORIYA, AGE 30 YEARS, OCCUPATION: SERVICE R/O
F-15 MOHINI SAGAR COLONY, DISTRICT-SHIVPURI
(MADHYA PRADESH)

                                                     .....APPELLANT
(BY SHRI RAHUL BANSAL - ADVOCATE )

AND
SMT. VIJYARAJE W/O MANISH KUMAR NIMORAYA,
D/O RAMSEVAK RAJA (KOTHARI) AGE 26 YEARS, R/O
SUBHASH COLONY JHINGURA ROAD KAMALGANG,
SHIVPURI (MADHYA PRADESH)

                                                    .....RESPONDENT
(BY SHRI ASHIRWAD DWIVEDI - ADVOCATE )

                      &


               FIRST APPEAL No. 1839 of 2018

BETWEEN:-
MANISH KUMAR NIMORIYA S/O LAXMINARAYAN
NIMORIYA,   AGED    30  YEARS, OCCUPATION:
SERVICE R/O F-15 MOHINI SAGAR COLONY,
DISTRICT-SHIVPURI (MADHYA PRADESH)

                                                  .....APPELLANT
(BY SHRI RAHUL BANSAL - ADVOCATE )

AND
                            2
SMT. VIJYARAJE W/O MANISH KUMAR NIMORAYA
D/O RAMSEVAK RAJA (KOTHARI) , AGE 26 YEARS,
R/O    SUBHASH    COLONY    JHINGURA ROAD
KAMALGANG, SHIVPURI (MADHYA PRADESH)

                                                          .....RESPONDENTS
(BY SHRI ASHIRWAD DWIVEDI - ADVOCATE )


      These appeals coming on for hearing this day, Justice Rohit Arya
passed the following:
                                    ORDER

Both the instant appeals arise out of the common judgment dated 02-08- 2018 passed by the Principal Judge Family Court, Shivpuri in Case No.05- A/2017 (HMA) filed at the instance of appellant/ husband and Case No.114-

A/2017 filed at the instance of respondent/ wife whereby application filed by the appellant/ husband under Section 13(1)(i-A) of the Hindu Marriage Act has been rejected and application filed by the respondent/ wife under Section 9 of the Hindu Marriage Act has been allowed.

2 . In compliance of the order dated 26-09-2023, appellant/ husband is present before this Court however, respondent/wife is not present as she is reported to be on the way.

3. On the last date, appellant/ husband and respondent/wife have agreed to depart their ways on the basis of full and final settlement i.e. Rs.7,50,000/-. In pursuance whereto, appellant/ husband had handed over a cheque of Rs.2,00,000/- to the respondent/wife as part payment of full and final settlement amount on the said date.

4. As transpired, appellant/ husband is ready to pay the remaining amount of full and final settlement i.e. Rs.5,50,000/- and Rs. 69,000/- towards maintenance due in two equal installments by way of two cheques. He has supplied two post dated cheques; one is Cheque bearing No.367190 dated 28-

11-2023 of State Bank of India of Rs.3,19,000/- (Rs. Three Lacs and Nineteen Thousand only) and another Cheque bearing No.367191 dated 14- 01-2024 of State Bank of India of Rs. 3,00,000/- (Rs. Three Lacs only) in favour of respondent/wife during the course of hearing.

5 . Learned counsel for the respondent/wife undertakes to accepts the cheques on behalf of respondent/ wife and has no objection if this appeal is disposed of in view of the settlement having taken place between the parties.

6. In view of the aforesaid, subject to realization of the cheques amount, we hereby endorse and reiterate the order passed on 26-09-2023 with following conditions that:

(i) marriage between appellant and respondent stands dissolved;

(ii) both appellant and respondent henceforth shall lead independent life and they are free to contract second marriage;

(iii) cases filed by appellant and respondent against each other of civil or criminal nature shall be withdrawn;

(iv) the Criminal Revision No.3260/2021 arising out of the judgment dated 05-10-2021 passed by First Additional Sessions Judge, Shivpuri in Cr.A. No.52/2020 pending before this Court shall be withdrawn by the respondent/ wife;

(v) Both the parties, henceforth, shall have no right, interest and claim

against each other.

7 . In case the amount under two cheques as supplied today is not realized on the dates as mentioned therein for any reason whatsoever, the same shall entitle the respondent/ wife for revival of the instant appeal on an application filed by her without any liability to return the amount so far received

by her.

8. With aforesaid, both the appeals stand disposed of.

9. Decree be drawn up accordingly and the compromise application shall be the part and parcel of it.

     (ROHIT ARYA)                                    (AVANINDRA KUMAR SINGH)
        JUDGE                                                 JUDGE
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VARSHA
CHATURVEDI
2023.10.12
12:35:22 +05'30'