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2018 DIGILAW 871 (MP)

Manpreet Kaur v. Manish Bhavsar

2018-10-11

S.C.SHARMA, VIRENDER SINGH

body2018
ORDER Singh, J. -- 1. Heard on I.A. No. 3713/2017 under section 5 of the Limitation Act for condonation of delay of 1 day in filing the appeal. 2. On due consideration, the application is allowed. The delay is condoned. 3. I. A. No. 1771/2018 has been filed by them under section 13B of Hindu Marriage Act, 1955 on the ground that since last four years they are living separately. The respondent has renounced the world and is leading a life of hermit. Their marriage has become irretrievable and there is no point in keeping such marriage alive because both the parties are not interested to live together or in keeping material relations alive. The settlement has been arrived between them on the following terms: Þ1- ;g fd mDr 'kh"kZd dh vihy ekuuh; U;k;ky; ds le{k yafcr gS] vihykFkhZ }kjk izR;FkhZ ds fo#) fookg foPNsn gsrq vkosnui= v/khuLFk U;k;ky; ds le{k izLrqr fd;k Fkk] ftls v/khuLFk U;k;ky; }kjk fujLr fd;k x;k gSA 2- ;g fd] vihykFkhZ o izR;FkhZ tqykbZ 2015 ls ,d&nwljs ls i`Fkd~ jg jgs gaS rFkk izR;FkhZ }kjk lkalkfjd thou R;kxdj laU;kl xzg.k dj fy;k gSA 3- ;g fd] mDr n'kk esa vihykFkhZ o izR;FkhZ dk ifr&ifRu ds :i esa lkFk jguk laHko ugha jg x;k gS rFkk Hkfo"; esa vihykFkhZ o izR;FkhZ ifr&ifRu ds :i esa lkFk ugha jguk pkgrs gaS rFkk nksuksa viuh LosPNk o fcuk fdlh ncko ds vkilh lgefr ls fookg foPNsn vkKfIr ekuuh; U;k;ky; ls pkgrs gaSA 4- ;g fd] vihykFkhZ o izR;FkhZ ds e/; fdlh izdkj dh dksbZ nqjfHklaf/k ugha gSA vihykFkhZ fdlh izdkj dh dksbZ jkf'k izR;FkhZ ls izkIr djuk ugha pkgrh gSA 5- ;g fd vihykFkhZ o izR;FkhZ ls mRiUu iq= jktohj orZeku esa vihykFkhZ ekrk ds lkFk fuokljr gS rFkk vihykFkhZ gh iq= dh mfpr ns[kHkky djsxhsA 6- ;g fd] vkosnui= fuf'pr U;k;'kqYd jkf'k 80@& :i, ds lkFk izLrqr gSA vr% vkosnui= izLrqr dj fuosnu gS fd vihykFkhZ o izR;FkhZ ds e/; 19 tqykbZ 2008 dks bUnkSj uxj esa laiUu fookg dks lgefr ls foPNsfnr djus ckcr~ t;i= ikfjr djus fd, tkus dh d`ik djasAÞ 4. Both the parties, who are present in person, gave their consent for divorce in terms of the compromise arrived at between them. The compromise is verified by the Principal Registrar of this Court. Both the parties, who are present in person, gave their consent for divorce in terms of the compromise arrived at between them. The compromise is verified by the Principal Registrar of this Court. Parties are found competent and also to enter into the compromise voluntarily, without any fear, pressure, undue influence or harassment from either side. Nothing is there to indicate any collusion between the parties. This application was filed on 8.3.2018 and period of six months has already been passed. 5. On due consideration of the aforesaid and for the reasons assigned therein, I. A. No. 1771/2018 is allowed. 6. With consent of both the parties, the appeal is allowed. Impugned judgement and decree passed by the learned Principal Judge, Family Court, Shajapur in HMA Case No. 55/2016 dated 19.5.2017 is hereby set aside. A decree of divorce is granted to the appellant-wife Manpreet Kaur and respondent-husband Manish Bhawsar by way of consent under Section 13B of the Hindu Marriage Act, 1955. The marriage solemnized between both the parties on 19.3.2008 at Indore (appellant-wife and respondent-husband) stands dissolved. 7. In view of the above order, the parties are restrained from making any further claims from each other arising out of the dissolved marriage. 8. Accordingly, impugned judgement and decree is modified to the extent as indicated hereinabove. The appeal is disposed of in term of the compromise arrived between the parties. Decree be drawn up accordingly.