SURESH PRASAD SHARMA S/O Vs. JANAK N
HIGH COURT OF MADHYA PRADESH
Suresh Prasad Sharma S/O
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Nandita Dubey, J. -
(1.) This first appeal is filed aggrieved by the judgment and decree dated 19.11.2015 passed in H.M. Act No. 324/2014 by the Principal Judge, Family Court, Satna, whereby the joint application filed by the appellant and respondent for divorce by mutual consent has been rejected and instead a decree for judicial separation has been passed.
(2.) Brief facts leading to the present appeal are that the marriage between the appellant and respondent was solemnized in the year 1970-71 according to Hindu rites and rituals. It is an admitted fact that no issue has borne out of the said wedlock. The appellant on 25.08.2014 filed a petition for divorce under Section 13 (1)(ib) of Hindu Marriage Act, 1955, on the ground of desertion by the respondent wife. However, on 08.01.2015 a joint application under Order 23 Rule 3 of CPC was filed by the parties to the marriage stating that both of them have been living apart since 2003 and it is not possible for them to live together in future also, so keeping in view their future they have decided to stay apart and want to compromise the matter and prayed that decree of divorce be granted on the following terms and conditions:-
i. that the appellant shall pay one time settlement of Rs.4,70,000/- and the same shall be paid by cheque No. 493851 drawn on The State Bank of India, District Branch Collectorate, Satna, before the Court.
ii. that after 08.01.2015, the respondent shall not have any right over the movable and immovable property of the appellant nor will she file any claim in future over the property of the husband and the order of maintenance granted earlier shall be treated as cancelled.
iii. that the parties will bear their own costs.
(3.) Pursuant to this compromise application said cheque was handed over and deposited in the saving account No. 33928012667 of respondent wife. The learned judge had recorded the statement of respondent wife on oath on 29.01.2015 wherein she has clearly stated that she has entered into the compromise on her own free will and without fear or pressure from any one and that she has received the amount of Rs.4,70,000/- as full and final maintenance and shall not have any claim over the property of her husband in future and prayed that on the basis of compromise, decree of divorce be granted.;
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