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% 23.11.2010
Present:- Appellant is present in person.
Mr.Narender Malawaliya and Ms.Narbada, Advocates for the respondent with the respondent in person.
+C.M.NO.20934/2010 in MAT.APP.83/2010
*
By this joint apphcation moved under Section 151
CPC, the parties seek cancellation of decree of divorce dated
30.01.2010 passed by the learned trial court. Along with the joint application, the parties have also placed on record the compromise deed dated 15.11.2010 duly signed by both the parties.
The appellant is present in person while the respondent is present along with his counsel. Both the parties have stated that they are now living together as husband and wife since 25.10.2010 and they are duly performing their matrimonial obligations towards each other. Both the parties have agreed not to file any sort of case against each other.
The appellant, present in person, states that she has already withdrawn the two cases filed by her; one under Section 125
2010:DHC:11646
&
Cr.P.C. and the other under Section 12 of Protection of
Women from Domestic Violence Act. Both the parties have also prayed that in view of said settlement arrived at between them, the decree of divorce granted by the learned trial court vide order dated 30.01.2010 may be set aside.
In the present appeal filed under Section 28 of the
Hindu Marriage Act, 1958, the appellant seeks to set aside the impugned
% 23.11.2010
Present:- Appellant is present in person.
Mr.Narender Malawaliya and Ms.Narbada, Advocates for the respondent with the respondent in person.
+C.M.NO.20934/2010 in MAT.APP.83/2010
*
By this joint apphcation moved under Section 151
CPC, the parties seek cancellation of decree of divorce dated
30.01.2010 passed by the learned trial court. Along with the joint application, the parties have also placed on record the compromise deed dated 15.11.2010 duly signed by both the parties.
The appellant is present in person while the respondent is present along with his counsel. Both the parties have stated that they are now living together as husband and wife since 25.10.2010 and they are duly performing their matrimonial obligations towards each other. Both the parties have agreed not to file any sort of case against each other.
The appellant, present in person, states that she has already withdrawn the two cases filed by her; one under Section 125
2010:DHC:11646
&
Cr.P.C. and the other under Section 12 of Protection of
Women from Domestic Violence Act. Both the parties have also prayed that in view of said settlement arrived at between them, the decree of divorce granted by the learned trial court vide order dated 30.01.2010 may be set aside.
In the present appeal filed under Section 28 of the
Hindu Marriage Act, 1958, the appellant seeks to set aside the impugned
JUDGMENT
and decree dated 30.01.2010 passed by the Court of Shri Virender Bhat, Ld. ADJ, Delhi in HMA
Case No.328/07 whereby the marriage between the parties was dissolved by a decree of divorce under Section 13(1) (ia) of the Hindu Marriage Act on the ground of cruelty.
During the pendency of the present appeal in this
Court, both the parties had agreed to finally resolve their inter se disputes amicably. In the joint apphcation along with the compromise deed filed by the parties, they have stated that they are now living together as husband and wife since
25.10.2010 and they are duly performing their matrimonial obligations towards each other. Pursuant to the said compromise deed, the appellant has also withdrawn two cases filed by her; one under Section 125 Cr.P.C. and the other under Section 12 of Protection of Women from Domestic
Violence Act. Both the parties have also agreed that they will trust each other and will not take any step to file any other case against each other in future.
In the light of the aforesaid development, the appellant is permitted to withdraw the present appeal. The same is accordingly dismissed as withdrawn. Since both the parties have started living together as husband and wife, therefore, the decree of divorce granted by the learned trial court in favour of the respondent vide order dated 30.01.2010 has become infructuous. The same is accordingly dismissed.
Both the parties shall remain bound by their undertakings and the terms of the compromise deed and shall not violate the same in any manner whatsoever.
Application stands disposed of in terms of the above order.
November 23, 2010 dc
KAILAiSH GAMBHIR, J
- k\.Q
PS V" d
Xi"
'-'•M'-iK CM "/a a I-'J/9^-
Case No.328/07 whereby the marriage between the parties was dissolved by a decree of divorce under Section 13(1) (ia) of the Hindu Marriage Act on the ground of cruelty.
During the pendency of the present appeal in this
Court, both the parties had agreed to finally resolve their inter se disputes amicably. In the joint apphcation along with the compromise deed filed by the parties, they have stated that they are now living together as husband and wife since
25.10.2010 and they are duly performing their matrimonial obligations towards each other. Pursuant to the said compromise deed, the appellant has also withdrawn two cases filed by her; one under Section 125 Cr.P.C. and the other under Section 12 of Protection of Women from Domestic
Violence Act. Both the parties have also agreed that they will trust each other and will not take any step to file any other case against each other in future.
In the light of the aforesaid development, the appellant is permitted to withdraw the present appeal. The same is accordingly dismissed as withdrawn. Since both the parties have started living together as husband and wife, therefore, the decree of divorce granted by the learned trial court in favour of the respondent vide order dated 30.01.2010 has become infructuous. The same is accordingly dismissed.
Both the parties shall remain bound by their undertakings and the terms of the compromise deed and shall not violate the same in any manner whatsoever.
Application stands disposed of in terms of the above order.
November 23, 2010 dc
KAILAiSH GAMBHIR, J
- k\.Q
PS V" d
Xi"
'-'•M'-iK CM "/a a I-'J/9^-