Judgment:
216 FAO No.M-410 of 2013 - 1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.M-410 of 2013 Date of Decision: 21.4.2014 Sonia .....Appellant VERSUS Harmesh …...Respondent CORAM: HON'BLE Mr.JUSTICE S.S.SARON HON'BLE Ms.JUSTICE NAVITA SINGH -.- Present: Mr.J.K.Goel, Advocate for the appellant with appellant in person.
Mr.Harish Goyal, Advocate for the respondent with respondent in person.
*** S.S.SARON, J.
The marriage between the parties was solemnized according to Hindu rites and ceremonies at Kunjpura on 20.4.2008.
From the marriage, the parties had a child, who died soon after birth.
Due to matrimonial disputes between the parties, the appellant-wife on 08.9.2010 filed a petition seeking dissolution of the marriage between the parties by a decree of divorce in terms of Section 13 of the Hindu Marriage Act, 1955.
The respondent-husband contested the petition by filing his written statement.
Thereafter, the appellant filed her replication to the written statement.
The appellant adduced her evidence.
The respondent also tendered in evidence his Affidavit (Ex.RW-1/A).During the couRs.of hearing of the case, the respondent was proceeded against ex-parte.
The petition of the appellant was, Gaurav Bhardwaj 2014.04.25 16:46 I attest to the accuracy and integrity of this document High Court,Chandigarh 216 FAO No.M-410 of 2013 - 2- however, dismissed by the learned Additional District Judge, Karnal vide his impugned judgment and decree dated 25.10.2013.
Aggrieved against the same, the appellant-wife filed the present appeal, in which notice of motion was issued on 19.12.2013.
Thereafter, the matter was referred to the Mediation and Conciliation Centre functioning in the High Court premises on 17.2.2014.
In the Mediation and Conciliation Centre, the parties amicably settled their disputes and a compromise dated 19.3.2014 was recorded.
The compromise is on record.
In terms of the compromise, it has inter-alia been agreed that the parties shall part ways, besides they shall divorce each other and stated that they would have no objection regarding the same.
In view of the compromise, the learned counsel for the parties pray that they would file a joint petition seeking dissolution of the marriage between the parties by a decree of divorce by mutual consent before the learned District Judge at Karnal.
It is submitted that a date be fixed before the learned District Judge, Karnal for appearance of the parties.
Learned counsel for the appellant further submits that in case a decree for divorce by mutual consent does not materialize, he be given liberty to revive the appeal.
Learned counsel for the respondent has no objection to the same.
In view of the aforesaid facts and circumstances, the appeal of the appellant-Sonia is dismissed as withdrawn without prejudice to the rights of the appellant in any manner.
There shall be no order as to costs.
Both the parties shall appear in the court of the learned District Judge, Karnal on 01.5.2014.
They shall file a joint petition in the court of learned District Judge, Karnal.
A copy of the settlement which was reached at in the Mediation and Conciliation Centre on Gaurav Bhardwaj 2014.04.25 16:46 I attest to the accuracy and integrity of this document High Court,Chandigarh 216 FAO No.M-410 of 2013 - 3- 19.3.2014 as also a copy of this order be sent to the learned District Judge, Karnal for further necessary action.
The learned District Judge, Karnal shall decide the joint petition in accordance with law.
In case the decree for divorce by mutual consent does not materialize between the parties, the appellant shall be at liberty to seek revival of the present appeal.
(S.S.SARON) JUDGE (NAVITA SINGH) JUDGE214.2014 G.
Bhardwaj Gaurav Bhardwaj 2014.04.25 16:46 I attest to the accuracy and integrity of this document High Court,Chandigarh