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2009 DIGILAW 853 (MP)

Atul Shrivastava v. Sushma Shrivastava

2009-07-23

K.K.LAHOTI, K.S.CHAUHAN

body2009
ORDER 1. Both parties are identified by their counsel. 2. Both parties have filed an application (IA No7998/09) seeking divorce by consent. Both parties submitted that they have signed the compromise application and their counsel have stated that they have also signed the compromise application. The terms of the application are as under: "That, the appellant and respondent appeared in person before this Hon'ble Court on 14.7.2009. The parties agreed to compromise on the following conditions: (A) The appellant agreed to pay Rs.l,75,000/- (Rupees One lac seventy five thousand only) towards the value of articles given at the time of marriage. (B) The appellant agreed to pay Rs.3,000/- per month under the head permanent alimony for the period commencing from 13.10.2006 to July 2009 the major part of which was not received by the respondent. (C) The appellant or the respondent will not make any claim against each other in future. (D) The appellant and respondent agreed to seek the decree of mutual divorce from this Hon'ble Court. (E) The respondent agreed to mutually decide the criminal case pending before the Judicial Magistrate First Class, Seoni. The respondent undertakes to withdraw or compound the pending criminal case by the leave of trial Court or the leave of this Hon'ble Court in case of failure to fulfil the aforesaid obligation on the consent for mutual divorce given by appellant be treated cancelled and appellant shall be free to apply or revoke the dispute. 3. Appellant has stated that he has understood the terms and conditions and has agreed for a decree of divorce by mutual consent. Respondent has also stated that she has signed the compromise after understanding the conditions of the application and she has agreed for a decree of divorce on the basis of mutual consent. Appellant has handed over a demand draft of Rs.l,75,000/- and another of Rs.3,000/- to the respondent, receipt of which shall be passed on by the respondent to the appellant. 4. From the perusal of the judgment and decree of the trial Court, we find that the suit was filed by the respondent under section 12(1)(b) and (c) of the Hindu Marriage Act, 1955 for seeking a decree that the marriage be declared as null and void. The trial Court after recording evidence granted a decree as prayed by the respondent in the suit. The trial Court after recording evidence granted a decree as prayed by the respondent in the suit. However, both parties have agreed for a decree of divorce on the basis of consent and after hering both parties, going through the application and the judgment and decree passed by the trial Court, we find that the compromise is arrived with free will of the parties and application filed by the parties deserves to be allowed and accordingly, we allow the application and decree of divorce between the parties granted on the basis of consent. A decree be accordingly drawn up and the compromise application shall be part of the decree. 5. The decree passed by the trial Court shall be substituted by this compromise decree based on consent. 6. The appeal is disposed of finally. 7. No order as to costs.