Madhya Pradesh High Court
Smt. Sarika Lilhare vs Manohar Lilhare on 27 May, 2024
Author: Avanindra Kumar Singh
Bench: Avanindra Kumar Singh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAJ MOHAN SINGH
&
HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
ON THE 27 th OF MAY, 2024
FIRST APPEAL No. 2020 of 2022
BETWEEN:-
SMT. SARIKA LILHARE W/O MANOHAR LILHARE,
AGED ABOUT 34 YEARS, OCCUPATION: LODHI R/O
VILLAGE TIRORA P.S TIRODA TAHSIL AND TIRODA
(MAHARASHTRA)
.....APPELLANT
(BY SHRI MUKESH KUMAR SULAKHE - ADVOCATE )
AND
MANOHAR LILHARE S/O SHRI DEVILAL LILHARE,
AGED ABOUT 39 YEARS, OCCUPATION: LODHI R/O
WARD NO. 24 SURBHI NAGAR NEAR VIVEK JYOTI
SCHOOL BALAGHAT (MADHYA PRADESH)
.....RESPONDENT
(BY MS. SANDHYA DEVI RAJAK - ADVOCATE)
This appeal coming on for admission this day, Justice Raj Mohan
Singh passed the following:
ORDER
Appellant Smt. Sarika Lilhare has preferred this appeal against the
judgment and decree dated 26th November, 2022 passed in Regular Civil Suit
HM/17/2019 by the Principal Judge, Family Court, Balaghat, granting decree of
divorce under Section 13 of the Hindu Marriage Act in favour of respondent.
2. During pendency of present appeal both the parties were subjected
to mediation proceedings physically or virtually at Balaghat. In compliance of
order dated 19.01.2024, mediator was appointed at District Court, Balaghat and
with his good offices both the parties have entered into amicable settlement. A
detailed report dated 06.04.2024 has been filed by the Mediator Shri M.R.
Bhondekar. Both the parties have settled the entire litigation including dowry,
Streedhan, ornaments. Permanent Alimony in a sum of Rs. 10,00,000/- ( Rs.
Ten Lakh Only) has also been fixed towards full and final settlement for past,
present and future claims.
3. Admittedly, the aforesaid amount of Rs. 10,00,000/- has been
received by the appellant vide two demand drafts. During the course of hearing
before this Court, learned counsel for both the parties on instructions from their
clients, submitted that in order to ensure complete compromise between the
parties, judgment and decree dated 26th November, 2022 passed in Regular
Civil Suit HM/17/2019 be diluted in order to facilitate the present appellant to
have unblemished antecedents. This is so in view of the fact that the findings
recorded by the Family Court in the judgment and decree dated 26th
November, 2022 may create aspersion as regard the allegation of cruelty,
desertion and adultery. Marriage between the parties was solemnized on
01.07.2007. Out of this wedlock, one son has taken birth on 02.09.2008. Both
the parties could not pull on their matrimonial life and are living separately for
the last many years. Minor son is living under the care and protection of his
father/respondent. Criminal litigations between the parties have already been
withdrawn in view of terms and conditions of the compromise dated
04.04.2024. Learned counsel for the appellant does not wish to pursue this
appeal any more.
4. The aforesaid compromise has been effected between the parties
after exhausting all possibilities of resuming cohabitation or chances of
alternative rehabilitation. There are remote chances of any such reconciliation.
Reunion has been negated by means of amicable settlement between the
parties, wherein both the parties have agreed to part their ways.
5. In the light of aforesaid facts, we are of the considered view that the
judgment and decree dated 26.11.2022 passed by Principal Judge, Family Court
Balaghat in Regular Civil Suit HM/17/2019 is modified. The compromise is
taken on record. The Findings of cruelty, desertion and adultery recorded in the
judgment and decree dated 26.11.2022 passed in Regular Civil Suit HM/17/2019
are expunged and taken out of judgment. Both the parties would be bound by
the terms and conditions of the compromise.
6. In the light of the aforesaid compromise, this appeal is ordered to be
dismissed as withdrawn.
(RAJ MOHAN SINGH) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
nks
