Madhya Pradesh High Court
Smt. Keerti Singh vs Rao Aditya Singh on 30 January, 2025
Author: Hirdesh
Bench: Anand Pathak, Hirdesh
NEUTRAL CITATION NO. 2025:MPHC-GWL:2040
1 FA-1591-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
&
HON'BLE SHRI JUSTICE HIRDESH
ON THE 30th OF JANUARY, 2025
FIRST APPEAL No. 1591 of 2023
SMT. KEERTI SINGH
Versus
RAO ADITYA SINGH
Appearance:
Shri Sameer Kumar Shrivastava- learned counsel for appellant
Ms. Uma Kushwah- learned Counsel for respondent
ORDER
Per: Justice Hirdesh
The instant first appeal under Section 28 of the Hindu Marriage Act
has been filed by appellant (wife) assailing the impugned judgment and
decree dated 23-06-2023 passed by Fourth District Judge, Dabra, District
Gwalior in RCSHM No.211 of 2021 whereby a divorce sought by
respondent (husband) under Section 13 of Hindu Marriage has been decreed
and the marriage of both parties solemnized on 26th of April, 2021 has been
dissolved.
During pendency of this appeal, the parties entered into settlement and
intended to bury their hatchet and an application vide IA No. 253 of 2025
under Order 23 Rule 3 of CPC read with Section 13(B) of Hindu Marriage
Act was filed.
On perusal of contents of aforesaid IA, it was found that both the
NEUTRAL CITATION NO. 2025:MPHC-GWL:2040
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parties agreed that their marriage dated 26-04-2021 be declared as annulled
and a decree of divorce be passed on the basis of mutual consent under
Section 13-B of Hindu Marriage Act. Both the parties agreed to withdraw the
allegations and counter-allegations made against each other.
Appellant undertakes to withdraw prosecution lodged against
respondent as well as against her father-in-law and mother-in-law in
connection with Crime No.343 of 2021 registered at PS Mahila Thana,
Gwalior and its consequential proceedings in connection with RCT No. 613
of 2022.
Both the parties agreed to file a joint petition under Section 528 of
BNSS, 2023 for quashment of prosecution of husband and his family
members for offence under Section 498-A of IPC.
Respondent has undertaken to withdraw MJCR No.241 of 2024 filed
under Section 126(2) of CrPC against appellant- before Additional Principal
Judge, Family Court, Gwalior.
Appellant has undertaken to withdraw effect of order dated 23-02-
2023 passed in MJCR No. 61 of 2022 under Section 125 of CrPC and also
undertake not to claim any maintenance in future from respondent and to
withdraw execution case filed seeking order of recovery of maintenance
amount dated 23-02-2023.
Respondent agreed to pay Rs.18 lac to appellant as full and final
settlement amount and no further amount will be claimed by appellant in
future. None of parties will file any litigation/case/suit/prosecution against
each other in relation to their marriage.
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In compliance of order dated 20-01-2025 passed by this Court, the
matter was placed before the Principal Registrar of this Court for verification
of factum of compromise on 28th of January, 2025. Statements of both the
parties were recorded and they were identified through their Counsel.
Having verified the factum of compromise, as per the report of
Principal Registrar of this Court, dated 29th of January, 2025, it was found
that both the parties have arrived at a compromise voluntarily, without any
threat, inducement or coercion.
In view of above factum of compromise arrived at between the parties
and in view of voluntary statements made in aforesaid IA, since both the
parties are living separately since April 2021, a divorce by mutual consent
under Section 13-B of Hindu Marriage Act is decreed. In the interest of
justice, cooling period stands waived off. The marriage of both the parties
solemnized on 26th of April, 2021 is annulled/dissolved in terms and
conditions of compromise arrived at between the parties. Decree be drawn
accordingly on the basis of aforesaid compromise.
CC as per rules.
(ANAND PATHAK) (HIRDESH)
JUDGE JUDGE
MKB
