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2020 DIGILAW 93 (RAJ)

Harshad Panchal v. Heena Panchal And Others

2020-01-08

MANOJ KUMAR GARG, VIJAY BISHNOI

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JUDGMENT 1. This appeal is preferred on behalf of the appellant being aggrieved with the judgment dated 12.03.2019 passed by Judge, Family Court, Dungarpur (hereinafter to be referred as 'Family Court'), whereby it has dismissed the application preferred on behalf of the appellant under Section 13 of the Hindu Marriage Act, 1955. The Family Court while dismissing the application came to the conclusion that the allegations of cruelty and desertion on the part of the respondent No.l were not well founded. 2. A joint application (Inward No.1/2020 dated 02.01.2020) has been filed on behalf of both the parties seeking decree of divorce by mutual consent in light of the amicable settlement arrived at between them and for waving the cooling off period. 3. On 03.01.2020, when the matter was listed before this Court, learned counsel for the parties had submitted that the compromise has been arrived at between the parties and, therefore, the matter be placed before the Mediation Centre, Rajasthan High Court, Jodhpur, so that the conditions of settlement arrived at between the parties can be recorded. 4. After taking into consideration the contentions of the learned counsel for the parties, the matter was directed to be placed before the Mediation Centre on the very day and it was directed to list this matter before this Court today i.e. 08.01.2020 along with the mediation proceedings. 5. In compliance of the order of this Court dated 03.01.2020, the matter was placed before the Mediation Centre, where both the parties, along with their respective counsels, were present. The report of the learned Mediator dated 03.01.2020 is produced before this Court, which reads thus: "That both the parties with their counsels are present. Both the parties have agreed to live separately and want to get divorce by mutual consent. For divorce, both parties have agreed to withdraw any case lodged against other party. Parties have agreed to comply with the agreement dated 26.11.2019 entered into both the parties. The mediation remained successful." 6. Today, both the learned counsels for the parties submit that the parties have already entered into an agreement and a copy whereof is also placed on record. The contents of agreement between the parties are as follows: 7. Parties have agreed to comply with the agreement dated 26.11.2019 entered into both the parties. The mediation remained successful." 6. Today, both the learned counsels for the parties submit that the parties have already entered into an agreement and a copy whereof is also placed on record. The contents of agreement between the parties are as follows: 7. Having considered the contents of the above compromise arrived at between the parties as well as of the report of learned Mediator, we deem it appropriate to dispose of the instant appeal in the terms of the same. 8. Hence, the instant appeal is disposed of in the terms of the compromise arrived at between the parties. The marriage between the parties took place on 23.01.2007 stands annulled. A decree-sheet be prepared as per the terms of compromise arrived at between the parties and be granted. 9. The application (Inward No.1/2020 dated 02.01.2020) also stands disposed of.