CM No.498-CII of 2014 in/and --1-- FAO No.M-265 of 2010 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.498-CII of 2014 in/and FAO No.M-265 of 2010 Date of decision: 09.05.2014 Smt.
Geetu .....Appellant..versus Yogesh Kumar Chaurasia ....Respondent CORAM:- HON'BLE Mr.JUSTICE S.S.SARON HON'BLE Mr.JUSTICE JASPAL SINGH Present:- Mr.BBS Randhawa, Advocate along with appellant-Geetu.
Mr.Vikram Singh, Advocate for Mr.Deepak Sharma, Advocate along with respondent-Yogesh Kumar Chaurasia.
***** S.S.SARON, J.
Both the parties are present.
They have submitted that the matter has been amicably settled and the parties are residing together.
The marriage between the parties was solemnized at Sanatan Dharamshala, Ambala Cantt.
according to Hindu rites and ceremonies on 06.02.2000.
After marriage, the parties lived together at Ambala.
From the marriage, they had a son namely Akshit who was born on 28.09.2001 at Ambala Cantt.
On account of matrimonial disputes between the parties, the respondent-husband filed a petition on 08.04.2008 seeking dissolution of marriage between the parties Sonika 2014.05.22 15:33 I attest to the accuracy and integrity of this document Chandigarh CM No.498-CII of 2014 in/and --2-- FAO No.M-265 of 2010 by a decree of divorce.
The petition of the respondent-husband was allowed by the learned Additional District Judge-I, Ambala City and the marriage between the parties has been dissolved by a decree of divorce vide judgment and decree dated 21.05.2010.
Aggrieved against the same, the appellant-wife filed the present appeal (i.e.FAO No.M-265 of 2010).which was admitted on 23.01.2012.
During the pendency of the appeal, the appellant-wife has filed CM No.498-CII of 2014 for withdrawing the appeal in view of the compromise (Annexure A-1).which has been exhibited on record as Ex.
C1 in the Court of learned Judicial Magistrate Ist Class, Ambala in proceedings under Sections 12 and 17 to 22 of the Protection of Women from Domestic Violence Act, 2005.
In the complaint filed by the appellant-wife before learned Judicial Magistrate Ist Class, Ambala, a compromise was entered into between the parties.
In terms of compromise (Annexure A-1).the parties have started living together.
Though CM No.498-CII of 2014 has been filed for withdrawing the appeal, however, since the parties have started living together, the appeal is to be allowed so that judgment and decree dated 21.05.2010 whereby divorce has been granted in favour of the respondent-husband is set aside.
Both the parties are present and they have stated that they are living together and they have no objection if the judgment and decree dated 21.05.2010 passed by the learned Additional Sonika District Judge-I, Ambala City, are set aside.
2014.05.22 15:33 I attest to the accuracy and integrity of this document Chandigarh CM No.498-CII of 2014 in/and --3-- FAO No.M-265 of 2010 Accordingly, in view of the compromise effected between the parties, the appeal is allowed and judgment and decree dated 21.05.2010 passed by the learned Additional District Judge, Ambala City, are set aside.
There shall be no order as to costs.
(S.S.SARON) JUDGE0905.2014 (JASPAL SINGH) sonika JUDGE Sonika 2014.05.22 15:33 I attest to the accuracy and integrity of this document Chandigarh