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Madhya Pradesh High Court · body

2016 DIGILAW 85 (MP)

Umashankar Joshi v. Reena Joshi

2016-02-03

SUSHIL KUMAR GUPTA, U.C.MAHESHWARI

body2016
ORDER 1. This case is listed today for consideration of I.A. No.3218/2015, respondent’s application for interim maintenance and I.A. No.492/2016, an application filed with the joint signature of the appellant and the respondent to pass the consent decree of divorce between them on the terms and conditions enumerated in the application. 2. At the out set, appellant's counsel seeks permission to withdraw I.A. No.3218/2015, at this stage with liberty to press the aforesaid I.A. No.492/2016 the compromise application. 3. Considering the aforesaid prayer, I.A. No.3218/2015 is hereby dismissed as withdrawn as well as not pressed without extending any further liberty to file such application under such section. 4. For the purpose to carry out the verification of the facts stated in the I.A. No.492/2016 in view of the provisions of section 13B of the Hindu Marriage Act, the appellant and respondent were called before the court in person. The appellant is present in person. The respondent has come accompanied with her father Shri Harikishan s/o Mukandi Lal r/o Nibua Ka Pura, Gwalior. Apart the aforesaid Shri Pratap Narayan s/o Angad Ram r/o Laxman Talaiya, Shinde Ki Chhavni, Gwalior, the maternal uncle of the appellant Umashankar Joshi is also present in person along with both the parties. 5. The appellant submits that there is no possibility to reside with the respondent as husband and wife because of various differences between them. In continuation, he said that in spite of making all possible efforts by the relatives and friends, the alleged dispute between him and the respondent could not be resolved and there is no option except to get the divorce with consent of each other and in such premises, in pendency of this appeal, the aforesaid I.A. to pass the consenting decree of divorce has been filed. As per the terms of the consent, he has already given Rupees Thirteen lac in cash and golden jewelery including golden chain, one pair of Jhumke, two rings male and female and silver Kardhoni, Paijebi and Gucchha to the respondent. By taking such amount, the respondent has left all her future rights to recover the sum of the maintenance or any other sum in any other process of law either under CrPC, Hindu Marriage Act or any other Hindu Law or Personal Law, as such she will not be entitled independently for any sum of the maintenance for her life. 6. 6. On the other hand, respondent in presence of her father has stated that despite making the efforts good relations could not be developed between her and the appellant – her husband and all efforts made by the relatives and friends to resolve the dispute have failed and in such premises in the welfare of their lives there is no option except to get the divorce with consent. Pursuant to that, she has given the consent to the appellant to file the aforesaid application to pass the consent decree of divorce and in consideration of such divorce she has taken RupeesThirteen lac in cash from the appellant and on the basis of such sum, she has left all the rights to claim the maintenance against the appellant either under the provisions of CrPC or the provisions of Hindu Marriage Act or any other provisions of Hindu Law or Personal Law. Apart this, she has also taken the aforesaid golden and silver ornaments from the appellant and accordingly she has acknowledged all such situation. 7. On asking the appellant that in which manner the aforesaid cash amount was taken from the appellant, on which by putting a bag accompanied with her father she said that such amount of Rupees Thirteen lacs is inside of this bag and in the lack of PAN card the same could not be deposited in the Fixed Deposit Scheme or some other scheme in the bank till date and she has submitted the process to prepare the PAN card to deposit the aforesaid sum in the bank and as soon as the PAN card is issued by the Income Tax Authority, she will deposit such amount in the bank and till then she will keep such sum with her in the family of her father. 8. Taking into consideration the entire scenario and the available circumstances of the case in the welfare of the respondent, at present we direct the Branch Manager, Union Bank of India, High Court Branch, City Centre, Gwalior to deposit the aforesaid sum of Rupees Thirteen lacs in some fixed deposit scheme initially for more than three years as per the desire of the respondent subject to stipulation of its revival at the request of the respondent and subject to payment of monthly interest with further stipulation of payment of the monthly interest to the respondent according to her desire. Subject to all necessary formalities of the PAN card and others within the period for which such fixed deposit receipt is prepared, the aforesaid amount will be deposited in the Union Bank of India, High Court Branch, City Centre, Gwalior if the respondent approaches the bank along with the copy of this order. 9. Apart the aforesaid, in the available circumstances, on verification the appellant and the respondent have categorically stated that in any manner it is not possible for them to reside with each other and maintain the matrimonial relationship and there is no option except the divorce with consent. Such statement made by the parties appears to be voluntarily without any undue influence or the coercion from any source. Hence, by allowing the aforesaid I.A., the marriage held between the appellant and the respondent on 9.3.2008 is hereby dissolved with their consent and and the Principal Registrar is directed to prepare the decree of the consenting divorce in the matter in accordance with the procedure. 10. The appeal is disposed of with directions to pass the consenting decree of divorce between the parties. There shall be no order as to the costs. 11. A typed copy of this order be given to the parties to submit the same before the aforesaid bank.