The High Court allowed the appeal and set aside the lower court orders after recording an affidavit of reconciliation where the parties agreed to live together, permitting the withdrawal of the divorce petition.
Appeal allowed; impugned judgment and decree set aside; withdrawal of divorce petition allowed.
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
FAO No.122 of 2011. Decided on: 3rd July, 2017. ___________________________________________________ Krishna Devi ....Appellant. Versus Luxmi Dutt …Respondent. Coram
The Hon’ble Mr. Justice Chander Bhusan Barowalia, Judge. Whether approved for reporting?1 No.
For the appellant : Mr. Dheeraj K. Vashishst, Advocate vice Mr. Y.P. Sood, Advocate. For the respondent : Ms. Archna Dutt, Advocate.
Chander Bhusan Barowalia, Judge (oral).
Today, learned counsel appearing on behalf of the parties submitted that the parties have compromised the matter amicably and they are living together. It is represented by learned counsel appearing on behalf of the respondent-husband that he does not want to pursue the divorce petition filed under Section 13 of Hindu Marriage Act and the same may be dismissed after allowing the present appeal. On the other hand, learned counsel appearing on behalf of the appellant has submitted that his client is residing with the respondent-husband and they are living happily,
so the impugned judgment and decree passed by the learned lower
Appellate Court may be set aside.
1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.
2
separately. Consequently, in view of the statements of the parties, as the parties are living together happily and they want to live together throughout their life, this Court is very happy to record the settlement inter se the parties. Accordingly, the appeal filed by the appellant-wife is allowed and the impugned judgment and decree passed by the learned lower Appellate Court, is set aside and the respondent-husband, is allowed to withdraw his petition, under Section 13 of the Hindu Marriage Act, as the parties have come together before this Court after settling the matter and after a long time. This Court regard the appreciation for the efforts being made by the parties, their son, their parents as well as their learned counsel. No order as to costs.
the pending application (s), if any.
(Chander Bhusan Barowalia) 3rd July, 2017 Judge (CS)
1 issue framed by the court
Whether the appeal based on reconciliation and withdrawal of divorce petition should be allowed.
1 provisions across 1 enactments
Krishna Devi
Luxmi Dutt
Chander Bhusan Barowalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
