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2010 DIGILAW 1330 (RAJ)

Pooja suman v. Vijay Kumar Beniwal

2010-07-30

DALIP SINGH, S.S.KOTHARI

body2010
JUDGMENT 1. - Parties are present in-person today in the Court. 2. This miscellaneous appeal has been preferred by the wife-appellant against the order dated 22.05.2010 passed by the learned Judge, Family Court No.1, Jaipur whereby the application submitted for restoration of the application filed under Section 13-B of the Hindu Marriage Act has been dismissed. 3. An application under Section 13-B of the Hindu Marriage Act was filed by the parties on 14.12.2009 for dissolution of their marriage, which was solemnzied on 26.08.2006. 4. The learned Family Court had fixed the matter for the appearance of the parties on 21.12.2009 and thereafter on 05.01.2010 and 20.01.2010 respectively. On the said date the appellant was present. The respondent could not attend the Court as he was met with an accident, as such the petition came to be dismissed. 5. Both the parties thereafter submitted a joint application for restoration of the application under Section 13-B of the Hindu Marriage Act on 15.05.2010, which has been dismissed by the learned Judge, Family Court No.1, Jaipur by the impugned order dated 22.05.2010. 6. The parties appeared before us today and filed an application which has been entered at Inward No.15893. In the said application, the parties have agreed to dissolve their marriage by mutual consent. It has also been agreed that as a consequence of the dissolution of their marriage by mutual consent a criminal case No.33 of 2010 which has been filed by the appellant against the respondent and which is pending before the learned Judicial Magistrate No.11, Jaipur City, Jaipur would be withdrawn and the same dismissed and the accused discharged on the production of the certified copy of this order. 7. In the light of the above, the application bearing No.15893 dated 30.07.2010 which has been attested by the Deputy Registrar (Judicial) of this Court before whom the parties have appeared and accepted the contents of the compromise application, is allowed. 8. The miscellaneous appeal stands disposed of with the direction that the main application filed under Section 13-B of the Hindu Marriage Act before the learned Judge, Family Court No.1, Jaipur dated 14.12.2009 stands allowed and the marriage of the parties solemnzied on 26.08.2006 stands dissolved by mutual consent in the light of the aforesaid application. 8. The miscellaneous appeal stands disposed of with the direction that the main application filed under Section 13-B of the Hindu Marriage Act before the learned Judge, Family Court No.1, Jaipur dated 14.12.2009 stands allowed and the marriage of the parties solemnzied on 26.08.2006 stands dissolved by mutual consent in the light of the aforesaid application. A decree shall be prepared and drawn by the learned Judge, Family Court No.1, Jaipur to this effect on the production of the certified copy of this order by any one of the parties. 9. It is further directed that the respondent would be entitled to produce a certified copy of this order before the learned Judicial Magistrate No.11 and on the production of the certified copy of this order the criminal case No.33 of 2010 filed by the appellant against the respondent shall stands dismissed and consigned to record. 10. In view of the fact that the parties have compromised the matter today, the application filed under Section 5 of the Limitation Act for condoning the delay in filing the appeal is allowed. The delay in filing the appeal is condoned. 11. The miscellaneous appeal, the application under Section 5 of the Limitation Act and the application bearing No.15893 dated 30.07.2010 stand disposed of accordingly.Appeal and application allowed. *******