Madhya Pradesh High Court
Kunwar Singh vs Smt. Uma on 22 May, 2024
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR-IV,
&
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
FIRST APPEAL NO.1740 OF 2022
BETWEEN:-
KUNWAR SINGH S/O POORAN SINGH
PRAJAPATI, AGED ABOUT 25 YEARS,
OCCUPATION: NIL , R/O SAMTA NAGAR,
MALANPUR, TEHSIL GOHAD, DISTRICT
BHIND (MADHYA PRADESH)
........PETITIONER
(BY SHRI H.K. SHUKLA - ADVOCATE WITH SHRI PRAVEEN
SHRIVASTAVA - ADVOCATE)
AND
SMT. UMA W/O KUNWAR SINGH, AGED
ABOUT 24 YEARS, D/O RAMSAHAYA
PRAJAPATI, R/O SAMTANAGAR,
MALANPUR, TEHSIL GOHAD, DISTRICT
BHIND M.P. AT PRESENT R/O JAIL ROAD
GOHAD, TEHSIL GOHAD, DISTRICT BHIND
(MADHYA PRADESH)
........RESPONDENT
(BY SMT. UPENDRI SINGH NARWARIYA -ADVOCATE)
------------------------------------------------------------------------------------------
Reserved on : 02.05.2024
Pronounced on : 22.05.2024
------------------------------------------------------------------------------------------
This appeal having been heard and reserved for orders, coming on
for pronouncement this day, Hon'ble Shri Justice Milind Ramesh
Signature Not Verified
Signed by: ASHISH PAWAR
Signing time: 25-05-2024
02:39:18 PM
2
Phadke pronounced the following:
ORDER
1. This first appeal under Section 28 of HMA is preferred
against the judgment and decree dated 27.8.2022 passed by the First
District Judge, Gohad, District Bhind in RCS HM/54/2019, whereby
the application under section 13 HMA of the appellant was dismissed.
2. Appellant is the husband, while respondent is the wife. Learned
counsel for respective parties submit that during the pendency of this
appeal, the matter was referred for mediation with the consent of the
parties and they have mutually agreed to the following terms and
conditions:
(a) That, appellant Kunwar Singh shall get prepared
the F.D. of Rs.10,00,000/- (Rupees Ten Lacs Only)
in the name of his younger son, namely, Himanshu
(guardian mother Smt. Uma) till 17.4.2024 and hand
it over to respondent Smt. Uma.
(b) That, thereafter, on request, both the parties shall
proceed in their legal proceedings in the present case
pending between them before the Hon'ble High
Court of Madhya Pradesh Bench Gwalior for
bringing it to an end lawfully, after 17.4.2024.
(c) That, elder son Ekansh shall reside along with his
father appellant Kunwar Singh and the younger son
Himanshu (Kaushal) along with his mother
respondent Smt. Uma and the parents (both) shall
be at liberty to meet their children from time to time
and in case any of the parties becomes hurdle in
such meeting then the other party shall have the
right to meet with the help of Station House Officer
of the concerned Police Station.
(d) That, in case the appellant fails in parenting of his
elder son Ekansh or his step-mother Kiran (as
appellant Kunwar Singh has performed second
marriage) harasses him then respondent Smt. Uma
shall have right to initiate legal proceedings before
the concerned court for taking custody of her son
Ekansh.
3. Learned counsel for the parties submit that the appeal may be
disposed of in terms of the settlement arrived at between the parties.
Learned counsel for the parties further submit that there would be no legal
impediment for granting a decree of divorce by mutual consent.
4. Heard the learned counsel for the parties.
5. We find force in the submission made by learned counsel for
respective parties inasmuch as the parties are not residing together
and there is no chance of reconciliation between them and they have also
agreed to dissolve their marriage on certain terms and conditions by way of
a settlement arrived at between them before the Mediator.
6. On perusal of the terms and conditions of the settlement arrived
at between the parties, we find that the same are lawful. We do not find any
legal impediment in accepting the same.
7, Accordingly, appeal is disposed of in terms of the settlement
arrived at between the parties. The marriage between the parties which
was solemnized on 2.6.2013, is dissolved by a decree of divorce by mutual
consent.
8. The terms of settlement shall be made a part and parcel of this
order.
9. Registry to draw up a decree in the aforesaid case.
(RAJENDRA KUMAR-IV) (MILIND RAMESH PHADKE)
JUDGE JUDGE
(aspr)
