Introduction
The case of Yashvardhan Shrivastav vs. Shefali Shrivastav was heard on 18th March 2024 in the High Court of Judicature at Madras. This case involved a civil miscellaneous appeal (C.M.A.No.362 of 2024) concerning a dispute over maintenance and the dissolution of marriage between the appellant, Yashvardhan Shrivastav, and the respondent, Shefali Shrivastav. The judgement was delivered by a bench comprising Mr. Justice M. Sundar and Mrs. Justice K. Govindarajan Thilakavadi.
Background
The appeal was filed by Yashvardhan Shrivastav challenging the order dated 29th November 2023, passed by the V Additional Family Court at Chennai in I.A.No.1 of 2022 in O.P.No.1653 of 2021. The order directed Yashvardhan to pay Rs.1,00,000 per month as interim maintenance to Shefali under Section 24 of the Hindu Marriage Act, 1955. Additionally, both parties had filed for divorce under Section 13(1)(i-a) of the Hindu Marriage Act, citing cruelty as the grounds for dissolution.
Key Arguments
- Appellant’s Argument: Yashvardhan, represented by Mr. Muthuchharan Sundresh, argued against the interim maintenance order, seeking its annulment. He contended that the Family Court’s decision was not justified given the circumstances of the case.
- Respondent’s Argument: Shefali, represented by Ms. Sheila Jayaprakash, sought the dismissal of the appeal. She initially sought maintenance but later expressed her desire to resolve the matter amicably without pursuing maintenance claims.
Court’s Observations
During the proceedings, the court observed that both parties were inclined towards a mutual settlement. It was noted that in addition to the two divorce petitions, there were other legal proceedings between the parties, including those under the Domestic Violence Act and criminal complaints. The court acknowledged the joint memorandum of compromise submitted by both parties, indicating their willingness to amicably resolve all pending issues.
Court’s Decision
The court recorded the amicable settlement reached by both parties. The joint memorandum of compromise was accepted, and the marriage between Yashvardhan and Shefali, solemnized on 10th June 2015, was dissolved. The court’s order also mandated that any proceedings or police actions related to the couple should be closed based on this settlement. The appeal and all associated petitions were disposed of in terms of the memorandum of compromise, with no orders as to costs.
Conclusion
The case of Yashvardhan Shrivastav vs. Shefali Shrivastav highlights the court’s role in facilitating amicable settlements between disputing parties. The High Court of Judicature at Madras effectively mediated the resolution of multiple legal disputes, leading to the dissolution of marriage and the cessation of related legal proceedings. This judgement underscores the importance of compromise and mutual consent in resolving family disputes.
References: https://indiankanoon.org//doc/187992404/