IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ANAND PATHAK &

HON'BLE SHRI JUSTICE ANAND SINGH BAHRAWAT

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ON THE 19 OF JANUARY, 2026 FIRST APPEAL No. 284 of 2024 ABHISHEK GUPTA Versus SMT. ANJALI GUPTA Appearance:

Shri Anil Gupta - Advocate for the appellant/ husband.

Ms. Uma Kushwaha - Advocate for the respondent/ wife.

ORDER Per: Justice Anand Pathak Appellant-Abhishek Gupta and respondent-Anjali Gupta are present in person.

The instant appeal under Section 19 of the Family Courts Act, 1984 is preferred by the appellant against judgment and decree dated 27/01/2024 passed by Additional Judge to the Court of Principal Judge, Family Court, Gwalior in Case No.30539/2021 (RCSHM) whereby application under Section 13(1) of the Hindu Marriage Act preferred at the instance of appellant/ husband was rejected.

2. At the outset, learned counsel for the parties informs this Court that during pendency of this appeal, good sense prevailed between the parties and now they want to part their ways peacefully by way of settlement. Both the parties filed I.A. No.621/2026, an application under Section 13(b) of the Hindu Marriage act, 1955 for granting decree of divorce on the mutual consent on the basis of settlement.

3. As per the settlement reached between the parties, appellant/

husband shall pay Rs.35,00,000/- (Rs. Thirty Five Lacs Only) by way of two demand drafts one bearing No.502388 dated 07/01/2026 of Rs.25,00,000/- and second vide No.502387 dated 07/01/2026 of Rs.10,00,000/- of ICICI Bank and in lieu thereof, respondent/ wife shall give consent that they both will get decree of divorce of dissolution of marriage.

4. This Court asked appellant/ husband as well as respondent/

wife who are present in person about their intentions on which they categorically submit that they want to part their ways as per the contents of the application.

5. Settlement reached between the parties is in following terms:-

"2. That, during the pendency of this appeal the matter was refer for the mediation between the parties whereon, the party have agreed for divorce on the ground of mutual consent on the condition which is as under:-

a. The appellant husband will pay the permanent alimony of amount of Rs.35,00,000/- (as a final settlement amount) to the respondent wife.

b. After granting the decree of divorce on the mutual consent the parties will not make interference in the life of each other.

c. The wife will not demand any maintenance amount or any share in the property of appellant husband in future.

3. That, it is relevant to mention here the marriage of the parties was solemnized on 28.11.2011 in Gwalior as per the Hindu customs and due to the domestic disputes between the parties, the parties are living separately from the period of January 2017 and there is no possibility of reunion of the parties in future.

4. That, as per the condition A. the appellant husband is paying amount of Rs.35,00,000/- by the demand draft for the amount of Rs.25,00,000/- no.502388 dated 07.01.2026 drawn on ICICI Bank and second demand draft for the amount of Rs.10,00,000/- no.502387 dated 07.01.2026 drawn on ICICI Bank. The Zerox copy of the aforesaid demand draft is enclosed herewith and marked as Annexure-A. and the original copy of the demand draft will be given to the respondent wife at the time of final hearing before this court."

6. In view of the terms and conditions of the settlement as well as submissions advanced, it appears that no useful purpose would be served to keep this appeal pending as parties have settle the matter inter-se.

7 . In view of the above, I.A. No.621/2026 stands allowed.

Resultantly, appeal stands allowed and disposed of in terms of the settlement reached between the parties referred above.

8. Office is directed to draw decree of divorce accordingly in terms of the contents of the settlement.

9. Impugned judgment dated 27/01/2024 passed by Additional Judge to the Court of Principal Judge stands set aside.

(ANAND PATHAK) (ANAND SINGH BAHR