JUDGMENT : (Goutam Bhaduri, J.) : 1. This appeal was filed by the wife against the judgment and decree dated 17-12-2020 passed by the Additional Principal Judge, Family Court, Bilaspur, in civil suit No.105-A/2016 wherein the marriage dated 24-4-2012 was dissolved by a decree of divorce on the ground of cruelty. 2. During pendency of this appeal, efforts were made to reconcile the issue in between the parties. In the said proceedings, the parties have decided to reconcile and an agreement captioned as ^le>kSrk&i=^ is placed on record. Both the parties, who are present in person before this Court, would submit that they are residing together without any objection to each other. 3. Since the decree of divorce was granted at the instance of the husband and in the instant appeal both the parties have decided to reconcile and the husband would submit that the decree of divorce may be set aside whereby the parties have overlooked the past wrongs accompanied by the action on the part of the aggrieved spouse which shows that they have really forgiven each other. The circumstances that the guilty party makes a promise that they would stay together fortifies the same. On perusal of the agreement, which is placed before the Court and on a preliminary interaction made with the parties we find that there is no collusion in between the parties. Therefore, following the principles laid down in Henderson v Henderson, 1944 (1) All E.R. 44, we find that the reinstatement of the guilty spouse which postulates and intention to forgive and being remit the wrong and the parties here reciprocally submit that they would discharge the future obligation of marriage towards each other. We find it that the conduct of the parties would lead to considerable bearing on the question of revival of matrimonial ties. 4. In a matrimonial relations, it is the state of mind. Even after divorce, during pendency of appeal one spouse can condone the wrong of other to revive the matrimonial ties. Each of human creature possesses a self sense and that is unique and unlikely to be confused with other.
4. In a matrimonial relations, it is the state of mind. Even after divorce, during pendency of appeal one spouse can condone the wrong of other to revive the matrimonial ties. Each of human creature possesses a self sense and that is unique and unlikely to be confused with other. Therefore, if the husband and wife have revived their relation of matrimonial ties even after divorce and jointly pray to set aside a decree of divorce the emotional concept would be a decisive factor and Court would not hesitate to set aside such decree of divorce to reinstate the spouse to their original position of married couples. 5. Accordingly, we set aside the judgment and decree dated 17-12-2020 passed by the Additional Principal Judge, Family Court, Bilaspur, in civil suit No.105-A/2016 and consequently, revive the marriage dated 24-04-2012 in between the parties. 6. In view of the above, the instant appeal stands disposed of, leaving the parties to bear their own cost(s). 7. A decree be drawn accordingly. ^le>kSrk&i=^ be treated as part of the decree.