Learned counsel for the petitioners submits that opposite party no.2 hardly stayed in the house of the petitioners for five days and she voluntarily left the house of the petitioners and thereafter, she filed the aforesaid case. He further submits that petitioner no.1 filed a case under section 9 of the Hindu Marriage Act in which notices were issued to opposite party no.2 and she made appearance before the court concerned but she did not file any written statement. He further submits that the petitioner no.1 had also filed divorce case bearing Divorce Case no.58/2012 on 17.3.2012 and in the aforesaid divorce case, opposite party no.2 appeared and later on, a joint petition under section 13 (B) of the Hindu Marriage Act for mutual divorce was filed and the said petition is still pending before the concerned court. He further submits that, as a matter of fact, both the parties have already resolved their dispute with happy note of compromise and they have decided to live separately with each others. He further submits that on account of the above stated settlement, opposite party no.2 has not chosen to appear before this court.
