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Madhya Pradesh High Court · body

2013 DIGILAW 1130 (MP)

Mihir v. Prachi

2013-09-17

S.R.Waghmare, Shantanu Kemkar

body2013
ORDER 1. By this appeal filed under section 19 of the Family Courts Act, 1984 read with section 28 of the Hindu Marriage Act, 1955, appellant Mihir s/o Subhash Mehta has been aggrieved by the judgment and decree dated 22.12.2011 passed by the Second Additional Principal Judge, Family Court, Indore in Hindu Marriage Case No. 757/2010 dissolving the marriage between the parties and granting other consequential benefits. 2. It was contended that the decree was passed exparte and initially the appellant had prayed for setting aside the judgment and decree passed by the Family Court. However, during the pendency of this appeal the parties appear to have settled all their disputes and have filed an application I.A. No. 5482/2013 under section 13B of the Hindu Marriage Act, 1955 stating that as the parties have agreed for a decree of divorce by mutual consent and have also settled all their disputes and are ready to bury the hatchet the application be allowed by passing a final order in the matter. 3. Consequently, taking into consideration all these totalities of the circumstances, that the parties have agreed for a mutual divorce and are settling all their disputes, we hold that the application (I.A. No. 5482/2013) filed under section 13B of the Hindu Marriage Act deserves to be allowed and it is hereby allowed pursuant to the compromise taken on record. We therefore, hold hereby that: the respondent Ms. Prachi D/o Shri Rajendra Jain shall be entitled to the Demand Draft of Rs. 15,65,000/- to be handed over to her on the receipt of this order by the counsel for the appellant Shri Subodh Abhyankar. It has been mutually agreed that the respondent shall not pursue any of the cases as fully set out in the application. And hence we allow the prayer made in I.A. No. 5482/2013 and the following proceedings are hereby quashed : (a) The complaint with the police of Tukoganj Police Station under section 498A, etc. of I.P.C. and 3 and 4 of Dowry Prohibition Act on 3.8.2010 bearing Crime Register No. 586/2010 against the appellant and his family members. (b) The complaint with the police of Tukoganj Police Station under section 65 I.T. Act and S. 420 IPC on 26.12.2009 bearing Crime Register No. 932/2009 against the appellant and another, and its case number before the Magistrate’s Court is 27055/2010. (b) The complaint with the police of Tukoganj Police Station under section 65 I.T. Act and S. 420 IPC on 26.12.2009 bearing Crime Register No. 932/2009 against the appellant and another, and its case number before the Magistrate’s Court is 27055/2010. (c) The petition under the Protection of Women from Domestic Violence Act, 2005 before the Magistrate’ Court, Indore bearing Case No. 11/2010 against the appellant and his family members. The petition for execution or orders passed in said Case No. 11/2010, which is numbered as MJC No.148/2011. (d) The respondent shall withdraw the said representations, allegations and process before the Indian High Commission and Womens’ Rights Organizations immediately. (e) Consequently, the proceedings taken by the appellant in retaliation before various Courts are also hereby dismissed as withdrawn. 4. We also direct that the parties shall unconditionally withdraw all the notices issued, any other proceedings filed against each other or their family members, summons, warrants etc. and all allegations made against each other in any proceedings, complaint, application, authority etc. and the respondent will not claim any maintenance, alimony, etc. from the appellant in future. Rest of the conditions if any, remaining unfulfilled shall be brought to an end by all the parties concerned by taking necessary steps. 5. Registry is directed to draw the decree of divorce between the appellant and the respondent by taking the compromise deed into consideration. 6. With the aforesaid, this appeal is partly allowed to the extent herein above indicated.