Allowed

Smt. Reeta Devi v. Sri Rajendra Kumar

Allahabad HC9 Feb 2023/124/2022

Case brief

AI extract

What is this about?

The First Appeal allowed the setting aside of an order rejecting an application to set aside a divorce decree. Based on a supplementary affidavit showing a compromise and resumed cohabitation between the parties, the High Court dismissed the suit for divorce.

What did the court decide?

The order dated 18.10.2022 and the divorce decree dated 13.11.2018 are set aside; the suit for divorce is dismissed.

Smt. Reeta Devi Vs Sri Rajendra Kumar — Matrimonial and Divorce | Allahabad HC (2023)

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Court No. - 1

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Case :- FIRST APPEAL No. - 124 of 2022

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Appellant :- Smt. Reeta Devi Respondent :- Sri Rajendra Kumar Counsel for Appellant :- Santosh Kumar Srivastava Counsel for Respondent :- Avadhesh Mishra

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Hon'ble Ramesh Sinha,J. Hon'ble Subhash Vidyarthi,J.

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Supplementary affidavit has been filed by the appellant, which is taken on record.

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Heard Sri Santosh Kumar Srivastava, learned counsel for the appellant and Sri Avadhesh Mishra, learned counsel for the respondent.

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The instant first appeal has been filed against the order dated 18.10.2022 and the decree of divorce dated 3.11.2018 passed in Regular Suit No. 489 of 2016, whereby the application filed by the appellant under Order IX Rule 13. C.P.C. for setting aside the decree dated 13.11.2018 passed by the Principal Judge, Family Court, Barabanki, in Regular Suit No. 489 of 2016 granting a decree of divorce to the respondent dissolving the marriage between the parties, was rejected.

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The appellant has filed a supplementary affidavit annexing therewith a Compromise dated 8.2.2023 executed between the parties stating that with the intervention of some reputed persons and Members of the Family, the parties have resolved their disputes and have decided to live together and they are living together as husband and wife for the past 4-5 months. Both the parties have agreed not to enter into any kind of dispute or litigation in future and to lead their lives together as husband and wife.

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As the parties have already resolved the disputes between them and they are living together as husband and wife, the decree of divorce between them has become meaningless and the same deserves to be set aside in view of the Compromise entered into between the parties.

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Accordingly, the instant appeal is allowed. The order dated 18.10.2022 rejecting the application under Order IX Rule 13. C.P.C. and the judgment and decree dated 13.11.2018 dissolving the marriage between the parties passed by the Principal Judge, Family Court, Barabanki, in Regular Suit No. 489 of 2016 is hereby set aside. The suit for divorce filed by the respondent is hereby dismissed .

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( Subhash Vidarthi, J. ) ( Ramesh Sinha, J. )

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Order Date :- 9.2.2023 A.Nigam

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Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench

Smt. Reeta Devi v. Sri Rajendra Kumar

Case brief

What is this about?

What did the court decide?

Smt. Reeta Devi v. Sri Rajendra Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

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