IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE HIRDESH ON THE 12^th OF FEBRUARY, 2026 MISC. PETITION No. 780 of 2026 PRADEEP KUMAR OJHA Versus SMT. NITU OJHA W/O SHRI PRADEEP KUMAR OJHA Appearance:

Shri Vinod Kumar Dhakad - Advocate for the petitioner.

ORDER This petition under Article 227 of the Constitution of India has been filed against the impugned order dated 01/12/2025 passed by Principal Judge Family Court, Gwalior in Case No.1290/2025 (HMA) by which the application filed by petitioner and respondent under section 13-B of the Hindu Marriage Act, 1955 has been rejected.

(2) It is undisputed that the marriage between the parties has irretrievably broken down as many attempts have been made for settlement and reunion of the parties but all failed and thus parties have decided not to live together and agree for mutual dissolution of marriage. The parties are not fulfilling any marital obligations towards each other and they are living separately since long time and there is no slightest of possibility of reconciliation.

(3) Counsel for the petitioner submits that both the parties have filed joint petition under Section 13-B of the Hindu Marriage Act, 1955