Shipali +1 .Vs. NIL 1 H.M.P. No.
36/2021
Judgment (Exh. 13)
MHNG100008762021 Received on : 12/07/2021
Registered on : 12/07/2021
Decided on : 14/07/2022
Duration : Y M D
01 00 02
IN THE COURT OF CIVIL JUDGE SENIOR DIVISION,
UMRED.
(Presided over by Shri. A.V. Mishra)
H.M.P. No. 36/2021 Exhibit No. 13
[01] Sau. Shipali Yogik Meshram @
Shipali Dhanraj Motghare(Before Marriage)
Aged 25 years, Occu.: Household,
R/o. Address: R/o. C/o. Dhanraj Motghare,
Vinoba Bhave nagar, Nagsenvan,
Plot no.893, Nagpur,
Tah. and Dist. Nagpur ….Petitioner No.1
[02] Shri. Yogik Bhaurao Meshram
Aged 30 years, Occu. : Labour,
R/o. Madnapur, Post. Pachkhedi,
Tah. Kuhi, Dist. Nagpur. ….Petitioner No.2
Versus
NIL. ….. Respondent
Petition under section 13B of the Hindu Marriage Act, 1955 for
divorce by mutual consent.
Contd...2
Shipali +1 .Vs. NIL 2 H.M.P. No. 36/2021
Judgment (Exh. 13)
Learned Advocate L.P. Gaikwad, for the petitioner nos.1 and 2
(JUDGMENT)
(Delivered on 14th day of July, 2022)
[01] The petition is under section 13B of the Hindu Marriage Act,
1955 for divorce by mutual consent.
The factual matrix of the case is as under:
[02] That the petitioner no. 1 is the legally wedded wife of
petitioner no.2. Their marriage was solemnized on 08.07.2014 as per the
rites and customs prevailing in their community. After marriage, they
started residing together, however due to differences of opinion and
frequent disputes, they were unable to live happy married life. They
resided together for some period and since 10.04.2019, they are residing
separately. The conciliation efforts made by the family members too could
not succeed. They have therefore mutually decided to end their
matrimonial relationship and have mutually agreed for divorce by mutual
consent. Out of their wedlock, they have one issue. There is no dispute in
respect of gift articles, property and maintenance. There is no possibility
of reunion between them. They have therefore prayed for dissolution of
their marriage by mutual consent.
[03] From the facts and circumstances, following points arise for
my determination and I have recorded my findings against each of them
for the reasons mentioned thereunder
Contd...3
Shipali +1 .Vs. NIL 3 H.M.P. No. 36/2021
Judgment (Exh. 13)
Sr. No. Points Findings
1 Are petitioners entitled for divorce : Yes
by mutual consent under section 13
B of the Hindu Marriage Act ?
2 What order and decree ? : As per final
order
REASONS
[04] In order to establish their claim, the petitioners no.1 and 2
have examined themselves as P.W. No.1 and 2 vide Exhs.5 and 6
respectively and have closed their evidence by filing pursis vide Exh.11.
The parties and their Ld. Advocate have argued the matter in terms of
their claims and contentions.
As to point nos.1 and 2 :
[05] Petitioners by relying upon documents i.e. marriage
certificate Exh.8, Aadhar Cards Exh.9 and 10 respectively and pursis Exh.
12, have deposed in terms of their averments and have prayed for
dissolution of their marriage by mutual consent u/s. 13B of the Hindu
Marriage Act, 1955. Their oral and documentary evidence have remained
unchallenged and nothing has come before the Court to doubt their
above evidence and claim.
Shipali +1 .Vs. NIL 4 H.M.P. No. 36/2021
Judgment (Exh. 13)
[06] The unchallenged evidence of the parties show that the
maiden name of petitioner no.1 was Shipali Dhanraj Motghare. The
marriage of the petitioners was solemnized on 08.07.2014 as per their
rites and customs. They have been residing separately since 10.04.2019
due to personal differences. They have mutually agreed to dissolve their
marriage. They continue to live apart. This petition was filed in July
2021 i.e. after more than seven years of marriage and more than two
years of separate residence. There has been no reconciliation between
the parties despite sufficient opportunities. They are firm on seeking
divorce as is clear from their evidence. They have one issue out of their
wedlock. There is no dispute in respect of gift articles, property, future
maintenance and alimony. There is nothing on record to doubt their
submissions and therefore, it can be safely said that above consent for
divorce has not been obtained by any fraud, force or undue influence.
There is no collusion between the parties, they are seeking divorce out of
their free will and their averments in the petition are true. The parties
lastly resided together at Mouza Madnapur, Tah. Kuhi, Dist. Nagpur and
therefore, this Court has jurisdiction to entertain and decide this petition.
Hence, from above evidence and circumstances, it can be safely said that
the petitioners have fulfilled the essential ingredients for seeking divorce
by mutual consent. They have made out a case for divorce as per their
prayer and therefore their marriage deserves to be dissolved under the
provisions of section 13B of the Hindu Marriage Act, 1955. They are
entitled for such divorce by mutual consent under above provisions. This
petition therefore deserves to be allowed. I therefore, record my findings
as against point no.1 in the affirmative and point no.2 accordingly and
proceed to pass the following order
Contd...5
Shipali +1 .Vs. NIL 5 H.M.P. No. 36/2021
Judgment (Exh. 13)
ORDER
[01] The Hindu Marriage Petition No.36/2021 is
hereby allowed.
[02] It is hereby declared that the marriage
between Sau. Shipali Yogik Meshram
(Maiden name Shipali Dhanraj Motghare)
and Shri. Yogik Bhaurao Meshram solemnized
on 08.07.2014 stands dissolved under section
13B of the Hindu Marriage Act, 1955 from
the date of decree.
[03] No order as to costs.
[04] Copy of decree be given free of cost to the
parties as per section 23(4) of the Hindu
Marriage Act, 1955.
[05] Decree be drawn up accordingly.
[06] Dictated and pronounced in open court.
Sd/
Umred. [ A. V. Mishra ]
Date : 14.07.2022 Civil Judge Senior Division, Umred.
Shipali +1 .Vs. NIL 6 H.M.P. No. 36/2021
Judgment (Exh. 13)
Certificate
“I affirm that the contents of this P.D.F. file judgment are word to word
same as per original judgment”.
Name of Stenographer : S.K. Awandkar
Stenographer (Grade II)
Court Name : Civil Judge Senior Division, Umrer
Case argued on : 15/06/2022
Judgment dictated on : 14/07/2022
Transcription ready on : 14/07/2022
Judgment checked and signed on : 14/07/2022
/home/ubuntu/1C.J.S.D./A.V.MISHRA SAHEB FROM SEPT 2021/From 1st
July22/Judgments/July22/Dt. 14 H.M.P. 362021 Shipali and Yogik Vs.
NIL.odt
Contd...
