Chandrika Bagarhatta wife of Dr. Navindra Pathak v. Navindra Pathak son of Shri Rajnikant Pathak
2017-04-11
AJAY RASTOGI, DINESH CHANDRA SOMANI
body2017
DigiLaw.ai
ORDER : Instant appeal has been filed by the appellant wife assailing the judgment and decree date 9.10.2015 passed by the Ld. Family Court No.1, Jaipur in Case No.821/2012. 2. It has come on record that their marriage was solemnized on 26-11-1996 as per Hindu rituals. According to the respondent-husband it is unfortunate that at one point of time he was misguided and under misconceptions he filed application seeking divorce u/S 13 of the Hindu Marriage Act, 1955 and judgment and decree of divorce was granted to him by the Learned Family Court No.1 Jaipur date 9.10.2015 which is under challenge in the present appeal filed at the instance of the appellant-wife. 3. The parties are present before the Court and jointly stated that although there is a decree of divorce granted by the Learned Family Court to the respondent-husband date 9.10.2015 but the respondent husband has reviewed its decision and both of them have come forward to resolve their matrimonial relations which at one stage were disturbed for sometime because of no fault of theirs but due to some misunderstanding the respondent husband proceeded to file application seeking decree of divorce u/S 13 of the Hindu Marriage Act,1955. It is informed to this Court that both are living together for more than a year and the appellant-wife is working as Lecturer in Government College, Uniara, District Tonk and the respondent is a Doctor by profession, presently working as Senior Medical Officer in District Hospital Tonk. 4. Application has been filed by the respondent and has stated that they are living together for last more than a year and he has reviewed his own decision and wants to withdraw his application which he filed at one stage before the Ld. Family Court seeking decree of divorce u/S 13 of the Hindu Marriage Act, pursuant to which decree of divorce has been granted to him by the Ld. Family Court vide judgment and decree date 9.10.2015 and he has also prayed that the judgment and decree of the Ld. Family Court which the appellant-wife has challenged in the present appeal may be set aside. 5. Both the parties jointly submits that they want to withdraw the allegations and counter allegations made in the proceedings before the Ld. Family Court and also apologize to each other. 6.
Family Court which the appellant-wife has challenged in the present appeal may be set aside. 5. Both the parties jointly submits that they want to withdraw the allegations and counter allegations made in the proceedings before the Ld. Family Court and also apologize to each other. 6. Both the counsels are present before the Court and what has been stated is indicated by the respondent in the application which is duly supported by affidavit singed by him and identified by his counsel. 7. Taking note of facts brought to our notice including the application filed at the instance of the respondent-husband we consider it appropriate to grant indulgence prayed for. 8. Consequently, the appeal is allowed. The judgment and decree passed by the Ld. Family Court No.1, Jaipur granting decree of divorce date 9.10.2015 is hereby quashed and set aside.