Ravi Kiran Singh vs Smt. Ruchisingh
2025 Latest Caselaw 5166 MP

Madhya Pradesh High Court

Ravi Kiran Singh vs Smt. Ruchisingh on 5 March, 2025

Author: Vivek Rusia

Bench: Vivek Rusia

          NEUTRAL CITATION NO. 2025:MPHC-IND:5792




                                                              1                        FA-1972-2018
                              IN     THE      HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                         BEFORE
                                            HON'BLE SHRI JUSTICE VIVEK RUSIA
                                                            &
                                          HON'BLE SHRI JUSTICE GAJENDRA SINGH
                                                   ON THE 5 th OF MARCH, 2025
                                                 FIRST APPEAL No. 1972 of 2018
                                                        SMT. RUCHI SINGH
                                                              Versus
                                                        RAVI KIRAN SINGH
                           Appearance:
                                   Shri Shahid Shaikh - advocate for the appellant.
                                   Shri Vinod Ameriya - Advocate for the respondent.
                                                                  WITH
                                                 FIRST APPEAL No. 2111 of 2018
                                                        RAVI KIRAN SINGH
                                                              Versus
                                                        SMT. RUCHISINGH
                           Appearance:
                                   Shri Vinod Ameriya - Advocate for the appellant.

                                   Shri Shahid Shaikh - advocate for the respondent.

                                                                  ORDER

Per: Justice Vivek Rusia

1. Both these appeals arise out of the common judgment dated 28.8.2018 passed by the Principal Judge, Family Court, Indore in Case No.1329/2015 & 35/2016, whereby the petition filed by husband and wife seeking divorce has been dismissed by the Family Court.

NEUTRAL CITATION NO. 2025:MPHC-IND:5792

2 FA-1972-2018

2. During pendency of these appeals, both the parties have filed a joint application under Section 13-B of Hindu Marriage Act for dissolution of marriage by way of mutual consent.

3. Wife Smt. Ruchi Singh is present in the Court. Husband Mr. Ravi Kiran Singh is represented by counsel. The application is supported by affidavit. There is no terms and conditions between the parties. Both the children are residing with Ruchi Singh, for which respondent-husband has no objection.

4. We are surprised and shocked that when the parties have filed petition for divorce, the Family Court ought to have granted divorce by way of mutual consent. Unnecessarily these parties are suffering from mental

agony since 2018. Admittedly they are living separately since 2015. Ruchi Singh submits that she has shifted to USA alongwith children.

5. Therefore, both the appeals are allowed. The impugned judgment dated 28.8.2018 passed by the Principal Judge, Family Court, Indore in Case No.1329/2015 & 35/2016 is quashed. The marriage dated 23.6.2001 is hereby dissolved. Let the decree be drawn accordingly.

6. Signed order be kept in the file of FA No.1972/2018 and a copy thereof be placed in the file of connected FA No.2111/2018.

7. Let the record of the court below be sent back.

                                     (VIVEK RUSIA)                                (GAJENDRA SINGH)
                                         JUDGE                                         JUDGE
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