Madhya Pradesh High Court
Sailesh vs Smt Shikha on 29 May, 2024
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
HON'BLE SHRI JUSTICE GAJENDRA SINGH
ON THE 29 th OF MAY, 2024
FIRST APPEAL No. 135 of 2019
BETWEEN:-
SAILESH S/O SHRI SHIVNARAYAN RAJPAL, AGED
ABOUT 36 YEARS, OCCUPATION: BUSINESS 99, BALAJI
ENCLAVE, TALAVALI CHANDA DEWAS NAKA, INDORE
(MADHYA PRADESH)
.....APPELLANT
(BY SHRI PRANAY JOSHI - ADVOCATE FOR THE APPELLANT)
AND
SMT SHIKHA W/O SHRI SHAILESH RAJPAL, AGED
ABOUT 26 YEARS, OCCUPATION: BUSINESS(KIYOSK
SANCHALIKA) 247, D.K.-1, SCHEME NO.74 VIJAY
NAGAR, INDORE (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI K. K. GUPTA - ADVOCATE FOR THE RESPONDENT NO.1)
This appeal coming on for hearing this day, Justice Gajendra Singh
passed the following:
ORDER
Heard on two Interlocutory Applications i.e IA No. 1974 of 2024 and
IA No. 4873 of 2024.
2. IA No. 1974 of 2024 was filed on 21.02.2024 under Section 13B of
the Hindu Marriage Act, 1955 for divorce by mutual consent by both the
parties. Thereafter, IA No. 4873 of 2024 has been filed on 21.05.2024 by
both the parties as second motion for divorce by mutual consent with a prayer
for waving the cooling period of six months as per Section 13B(2) of Hindu
Marriage Act, 1954.
3. The brief facts of the case are that marriage of both the parties was
solemnized on 28.06.2011 in accordance with the customary rights and
ceremonies of both the parties and a child, namely, Divya was borne on
30.06.2013.
4. The family life of both the parties was not normal and both the parties
were living separately from 09.02.2013 and despite various attempt to settle the
disputes there was no improvement and both the parties could not be united.
Petition for divorce was on the ground under Section 13 (1) (ia) and (ib) of
Hindu Marriage Act, 1955 was filed by the husband/appellant on 13.10.2016
before the Principal Judge, Family Court, Indore and petition for divorce was
dismissed vide judgment dated 01.11.2018 in HMA Case No. 1311 of 2016.
Challenging the judgment and decree dated 01.11.2018 passed by Principal
Judge, Family Court, Indore this First appeal was preferred by the
appellant/husband on 21.01.2019 and during the pendency of this appeal, the
parties were referred to mediation and thereafter parties settled their score and
filed IA No. 1974 of 2024 for divorce by mutual consent on 21.12.2024. After
filing the first motion in the form of IA No. 1974 of 2024 on 21.02.2024, parties
have filed the second motion vide IA No. 4873 of 2024 on 21.05.2024 with a
request to waive the rest of three months cooling period.
5. The proceedings before the Court discloses that parties have settled
their disputes including the amount of permanent alimony and also have settled
the other pending cases as mentioned in paragraph-7 of IA No. 4873 of 2024.
6. It transpires that parties are living separately from the last twelve years
and the marriage has been irreparably broke down and between the first motion
and second motion three months have been passed and the rest of the three
months waiting period will do nothing but merely prolong the misery and
sufferings of the parties unable to live together any more and not waiving of the
rest period frustrates future prospects of the parties. Therefore, waiving period
of three months is waived and IA No. 1974 of 2024 and IA No. 4873 of 2024
are allowed and the marriage between the parties solemnized on 28.06.2011 at
Indore, Madhya Pradesh, in accordance with customary rights and ceremonies
of both the parties is dissolved by mutual consent under Section 13B of the
Hindu Marriage Act, 1955 from today i.e 29.05.2024.
7. With the aforesaid, the First Appeal is disposed off.
8. Accordingly, all the pending IAs also stands disposed off.
No order as to costs.
(S. A. DHARMADHIKARI) (GAJENDRA SINGH)
JUDGE JUDGE
rashmi
