Madhya Pradesh High Court
Derish vs Nikita on 4 August, 2025
Author: Vivek Rusia
Bench: Vivek Rusia
NEUTRAL CITATION NO. 2025:MPHC-IND:20564
1 FA-1124-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 4 th OF AUGUST, 2025
FIRST APPEAL No. 1124 of 2025
DERISH S/O CHAMPAK BHAI RATHORE
Versus
NIKITA W/O DERISH RATHORE
Appearance:
Appellant - husband by Shri Vinit Trehan - Advocate appearing
through Video Conferencing and Shri Pradyumna S. Kibe - Advocate.
Respondent - wife by Shri Namit Jain - Advocate appearing on behalf
of Shri Mayank Patel - Advocate.
ORDER
Per: Justice Binod Kumar Dwivedi This first appeal under Section 28 of the Hindu Marriage Act 1955 (herein after referred to as the Act of 1955) has been filed by the appellant assailing impugned order dated 17.04 2025 (Annexure A/1) passed by the learned First Additional Principal Judge, Family Court, Indore in Case No.435 of 2025 filed under Section 14 of the Act of 1955.
2. It is admitted that the appellant and the respondent are married husband and wife. Their marriage was solemnized on 23.08.2024 (Annexure A/2), as per Hindu rights and rituals at Shree Sainath Temple, Sarikhurad, Taluka Gandevi, District Navsari (Gujarat).
Signature Not Verified Signed by: RAMESH CHANDRA PITHAWE Signing time: 8/5/2025 4:39:08 PMNEUTRAL CITATION NO. 2025:MPHC-IND:20564 2 FA-1124-2025
3. Brief facts case are that a serious matrimonial discord arose between the parties, which resulted in their separation from 05.09.2024. Several attempts of reconciliation were made by the members of the family and friends of the parties, but remained successful. Thereupon, looking to the fact of no possibility of reunion remained, the parties amicably decided to get separated. Consequently, a Memorandum of Understanding (MoU) was executed on 24.09.2024 (Annexure A/3) formalizing their intent to dissolve the marriage by mutual consent. On 28.02.2025, the appellant and respondent jointly filed an application under Section 14 of the Act of 1955 along with petition under Section 13-B of the Act of 1955 for divorce by mutual consent, prior to the expiry of statutory period of one year from the date of marriage. The application filed under Section 14 of the Act of 1955 was dismissed by the learned First Additional Principal Judge Family Court, Indore. Therefore, this appeal has been filed.
4. Learned counsel appearing for both the parties have assailed the impugned order; and pray for allowing the appeal by setting side the impugned order and granting a relief of dissolving the marriage, as agreed upon by the appellant and respondent.
5. Heard and considered the submissions raised at bar and perused the record.
6. It is not in dispute that an application for dissolution of marriage was filed under Section 13-B of the Act of 1955, which prescribes a statutory period of one year from the date of marriage for maintainability of the petition. Looking to the fact that the marriage was solemnized on Signature Not Verified Signed by: RAMESH CHANDRA PITHAWE Signing time: 8/5/2025 4:39:08 PM NEUTRAL CITATION NO. 2025:MPHC-IND:20564 3 FA-1124-2025 23.08.2024 and that the aforesaid statutory period was not complete, hence, learned Family Court has dismissed the petition.
7. From perusal of the record and the arguments advanced on behalf of the parties, it is apparent that they have by mutual understanding, amicable decided to get separated and therefore, filed an application under Section 13- B of the Act of 1955 for formalizing their divorce through the Court's decree, but due to statutory bar, the same has been dismissed.
8. Learned counsel for the appellant - husband has relied upon the following judgments: -
(1) Allahabad High Court in case of ABC v. XYZ, order dated 29.05.2025 , First Appeal Defective No.115 of 2025 , Neutral Citation No.2025:AHC-LKO:32543-DB;
(2) Telangana High Court in case of Dandamudi Phani Krishna v . Boyapati Lakshmi Aparna , order dated 22.03.2024 , Civil Revision Petition No.517 of 2024;
(3) Punjab & Haryana High Court in case of Mandeep Kaur v. Rajeev Girdhar, order dated 19.12.2023 , CM-22404-CII-2023 in/and FAO-6479-2023 (O&M) , reported in SCC Online P&H 6952;
(4) Bombay High Court in case of Sonia Kunwar Singh Bedi v. Kunwar Singh Bedi, order dated 17.12.2014 (Bombay), Civil Application No.448 of 2014 in Family Court Appeal No.142 of 2014 reported in 2015 (1) Mh.L.J. 954 ; and (5) Madhya Pradesh High Court in case of Vishal Kushwaha S/o Dilip Kushwaha v. Mrs. Ragini Kushwaha W/o Mr. Vishal Kushwaha, order dated 28.03.2022 Jabalpur, First Appeal No.950 of 2021.
On due consideration, but the aforesaid judgments are of no avail, keeping in view the statutory period.
9. This Court is of the considered view that since the statutory period of one year is going to be completed after 23.08.2025, which is not far away, Signature Not Verified Signed by: RAMESH CHANDRA PITHAWE Signing time: 8/5/2025 4:39:08 PM NEUTRAL CITATION NO. 2025:MPHC-IND:20564 4 FA-1124-2025 therefore, to give respect to the mutual understanding of the parties, this impugned order is set aside and the case is reminded back to the learned Family Court with a specific direction that the parties will appear before the Court below on the date fixed by the Court below; and the Court will dispose off their application for mutual divorce, as expeditiously as possible, in accordance with law.
10. Accordingly, the present first appeal is allowed and disposed off. Pending interlocutory application, if any, also stands disposed of.
(VIVEK RUSIA) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
rcp
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHAWE
Signing time: 8/5/2025
4:39:08 PM