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2010 DIGILAW 2013 (ALL)

Manju Devi v. Roshan Lal

2010-07-12

RAKESH TIWARI

body2010
JUDGMENT Rakesh Tiwari, J. - The Defendant-Appellant, Smt. Manju Devi and the Plaintiff-Respondent, Shri Roshan Lal are present in the Court today. 2. Plaintiff-Respondent, Roshan Lal had filed a Matrimonial Petition No.41 of 2006 for grant of a decree of divorce uner Section 13 of Hindu Marriagae Act against the Defendant-Appellant, Smt. Manju Devi his wife on the ground of cruelity and desertion. The plaint allegations were denied by the wife, Defendant-Appellant. On the basis of the pleadings of the parties and the evidence adduced, the Additional Sessions Judge Court No.1, Fatehpur accepted the case of cruelity and decreed the suit for divorce by order dated 8.9.2009. 3. It appears that after the divorce decree was granted, good sence prevailed between the husband and wife and they have started living together w.e.f. 27.3.2010. They have also filed an agreement ' 'Anubandh Patra' on affidavit along with First Appeal with their joint photograph. In this Anubandh Patra they have attested that they now want to live together and all the cases Civil and Criminal pending in the courts below between them shall be withdrawn so that they can peacefully live together. 4. The matter was heard on 11.5.2010. The following order was passed by His Lordship Hon'ble Sanjay Mishra J. " Sri G.K. Maurya has filed his power on behalf of the plaintiff- respondent today. Let the same be taken on record. Sri D.K. Tiwari, learned counsel for the defendant-appellant as also Sri G.K. Maurya, learned counsel for the plaintiff-respondent has referred to an affidavit filed as annexure -1 to the affidavit along with stay application to state that although by the impugned order a decree of divorce has been passed but both the parties have decided to stay together. Under such circumstances, it would be appropriate that both the parties i.e.defendant-appellant and plaintiff-respondent be present in Court to make statement as to whether they would like to get the decree of divorce set aside in this appeal by mutual consent. Learned counsel for both the parties state that both the parties will appear before this Court in person for the aforementioned purpose on 12.7.2010. As prayed, list on 12.7.2010." 5. Pursuant to the above order, the Defendant-Appellant, Smt. Manju Devi and Respondent-Plaintiff, Roshan Lal whose photographs are appended on the agreement referred to above are present in the Court. They have been identified by the respective counsels. As prayed, list on 12.7.2010." 5. Pursuant to the above order, the Defendant-Appellant, Smt. Manju Devi and Respondent-Plaintiff, Roshan Lal whose photographs are appended on the agreement referred to above are present in the Court. They have been identified by the respective counsels. The husand and wife both have made a statement before the Court that they now want to live together. 6. The Apex Court, as a large number of cases has emphasised that marriage in Indian society be tried to be saved by the Court and all posibility for restitution of conjugal right efforts may be made by the Courts to repair the bond of marriage if possible. 7. In the instant case, divorce has already been granted by the Courts below to the parties. However, good sense prevailed upon them in the First Appeal filed by the parties. They want to withdraw all the cases and live a marired life together. Their marriage can be saved only by setting aside the divorce decree, otherwsie they may have to continue to live in their relationship with is normally now not approved by the society but has been accepted as constituting no offence by the Apex Court. 8. The Appeal is continuation of the proceedings of the Courts below, therefore, the court can consider the request of the parties in the peculiar facts and circumstances of this case for setting aside the decree of divorce granted by the Court below under Section 13 of the Hindu Marriage Act. 9. Considering the facts and circumstances of the cae, the judgment and decree dated 8.9.2009 passed by the Additional Sessions Judge Court No.1, Fatehpur is set aside to save their marriage. The appeal is allowed. No order as to cost. Appeal allowed.