Madhya Pradesh High Court
Mohammad Shah vs Smt Chandani Begum on 15 October, 2024
Author: Anand Pathak
Bench: Anand Pathak
1 FA-1199-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
FA No. 1199 of 2022
(MOHAMMAD SHAH Vs SMT CHANDANI BEGUM )
Dated : 15-10-2024
Shri F.A. Shah- learned counsel for the appellant.
Shri Nitin Goyal -learned counsel for the respondent.
Counsel for the appellant referred the judgment of this Court in F.A No. 1017/2022 (Aqeel Ahmad (Khan) Vs. Smt. Farzana Khatun) passed on 14/10/2022 as well as judgment of Division Bench of High Court of Judicature at Madras in the case of (Settu Vs Reshma Sulthana) passed in C.M.A No. 2192/2017 on 30/03/2021, Division Bench judgment of High Court of Karnataka at Bengaluru in the case of (Shabnam Praveen Ahmad and another Vs Nil) passed in MFA No. 4711/2022(SMA) on 26/03/2024 and Division Bench judgment of Kerala High Court in the case of (Smt. Hasina Bano Vs Mohammad Ehsan) passed in F.A. No. 495/2024 on 12/09/2024 and submits that Muslim couple can seek decree of divorce by resolving under provisions of civil law.
Learned counsel for the appellant further stressed over the fact that respondent entered into wedlock and is in marital relationship with another person and blessed with a child.
Learned counsel for the respondent opposed the prayer. Learned counsel for the respondent denied the fact, however, he fairly submits that if permanent alimony which has already been settled between the parties (Rs. Twenty Five Thousand) is enhanced, then she may think of settlement by Signature Not Verified Signed by: PRACHI MISHRA Signing time: 16-Oct-24 11:07:57 AM 2 FA-1199-2022 way of giving divorce to appellant.
A Lean Compromise is better than a Fat Law suit. If parties intend to settle the matter and if respondent comes out with some tangible solution/settlement amount then matter can be decided accordingly. It is for the respondent to respond.
At the joint request of the parties, matter is placed on 06/11/2024.
(ANAND PATHAK) (HIRDESH)
JUDGE JUDGE
Prachi
Signature Not Verified
Signed by: PRACHI MISHRA
Signing time: 16-Oct-24
11:07:57 AM