Lokesh Kumar Audichya vs Garima Bharadwaj
2024 Latest Caselaw 5819 MP

Madhya Pradesh High Court

Lokesh Kumar Audichya vs Garima Bharadwaj on 26 February, 2024

Author: Rohit Arya

Bench: Rohit Arya

                                  1
 IN     THE      HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                         BEFORE
             HON'BLE SHRI JUSTICE ROHIT ARYA
                            &
        HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
                   ON THE 26 th OF FEBRUARY, 2024
                     FIRST APPEAL No. 644 of 2023

BETWEEN:-
LOKESH KUMAR AUDICHYA S/O SHRI KESHAVCHAND
AUDICHYA, AGED 32 YEARS, OCCUPATION: SERVICE
R/O HANUMAN COLONY GUNA POST GUNA TEHSIL
AND DISTRICT - GUNA (MADHYA PRADESH)

                                                              .....APPELLANT
(BY SHRI PRASHANT SHARMA - ADVOCATE )

AND
GARIMA BHARADWAJ       W/O   LOKESH   KUMAR
AUDICHYA D/O SHRI MAHESH KUMAR BHARADWAJ,
AGED 31 YEARS, OCCUPATION: SERVICE R/O KATRA
MOHALLA NEAR PISTOL BD HANUMAN ROAD
RADHOGARH (MADHYA PRADESH)

                                                             .....RESPONDENT
(BY SHRI RISHIKESH BOHARE - ADVOCATE )

      This appeal coming on for this day, Justice Rohit Arya passed the

following:
                                   ORDER

Appellant/ husband and respondent/ wife are present before this Court.

2. This first appeal under Section 19 of the Family Courts Act, 1984 is directed against the judgment and decree dated 03-02-2023 passed by Principal Judge, Family Court, Guna (MP) whereby application for divorce filed on behalf of the appellant/husband on the ground of cruelty has been dismissed.

3. The marriage between the parties was solemnized on 23-04-2017,

however, their marital life could not last long purportedly for the reasons of mental incompatibility and personal differences. Since 07-05-2017, they both are living separately. Out of wedlock, they are blessed with a baby girl. She is aged about six years. It appears that at this distance of time, love is lost and emotions are dried up. The marriage has become irretrievable.

4. During pendency of this appeal, possibility of amiable settlement was not ruled out and on our persuasions there has been concerted efforts by respective counsel for settlement of the dispute between the two. Ultimately, such efforts reaped fruits and both the parties have decided to part with as friends as they could not be able to live like friends. Accordingly, an amiable

settlement has been arrived at. It is agreed that Rs.12 lacs shall be paid to respondent/ wife by appellant/ husband as full and final settlement towards her claim.

5 . In view of the aforesaid settlement, this Court hereby passes the following order:

(i) appellant/ husband shall pay Rs.12 lacs as full and final settlement amount either through bank draft of any nationalized bank or by transferring Rs.12 lacs through RTGS in favour of the respondent/ wife - Garima Bharadwaj in her account bearing Account No.63009839142 of SBI Bank, Branch-Raghogarh, IFSC Code SBIN0030085, within fifteen days from today;

(ii) appellant/ husband shall also invest an amount of Rs.02 lacs in mutual fund in the name of his minor daughter Ku. Vaishnavi for a period of 15 years and the amount so accumulated shall be payable only to Ku. Vaishnavi after expiry of the aforesaid period;

(iii) The marriage between appellant and respondent stands dissolved.

Cases, if any, filed by either party against each other in any forum or Court shall be withdrawn;

(iv) Either party shall have no right, claim or interest against each other of any nature whatsoever.

(v) Both parties henceforth shall lead a free independent life and may also contract second marriage subject to fulfillment of conditions no.(i) and (ii).

6. Compliance report as regards conditions No.(i)(ii) and (iii) shall be notified on a memo before the Principal Registrar of this Court for verification.

7. Consequently, the impugned judgment and decree is hereby set aside.

8. Decree be drawn accordingly.

9. Disposed of.

     (ROHIT ARYA)                                     (BINOD KUMAR DWIVEDI)
        JUDGE                                                 JUDGE
vc
         VARSHA CHATURVEDI
         2024.02.27 18:01:06
         +05'30'