Research › Search › Judgment

Rajasthan High Court · body

2018 DIGILAW 2156 (RAJ)

Meera Ahari v. Civil Judge-Cum-Judicial Magistrate, Kherwara, District Udaipur

2018-10-29

SANDEEP MEHTA

body2018
JUDGMENT : SANDEEP MEHTA, J. 1. With the consent of learned counsel for the parties, the instant writ petition is being heard and decided today. 2. By way of this writ petition under Article 227 of the Constitution of India, the petitioner has approached this court seeking to assail the order dated 23.08.2018 passed by the learned Civil Judge—cum—Judicial Magistrate, Kherwara, District Udaipur in case No. 11/2018 rejecting the application filed by the parties under Order 23 Rule 3 CPC to decide the case on the basis of a compromise. 3. Indisputably, the parties belong to Scheduled Tribes and thus, as per Section 2(2) of the Hindu Marriage Act, 1955, the provisions of the Act do not apply to the petitioner and the respondent No. 2, who are married to each other. The divorce application was filed in the court below by the petitioner and during pendency thereof, she as well as the respondent No. 2 moved the subject application praying for issuance of a decree of divorce by mutual compromise. The trial court rejected the said application by order dated 23.08.2018, which is assailed in this writ petition. 4. Learned counsel for the respondent submits that the impugned order may be set aside and the trial court may be directed to dissolve the marriage of the spouses by mutual compromise. 5. In this background, the writ petition is allowed. The impugned order dated 23.08.2018 is hereby quashed and aside. The trial court is directed to accept the application filed by the parties under Order 23 Rule 3 CPC read with Section 151 CPC and pass the consequential order. No order as to costs.