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Judgment
This appeal is before us to challenge the order dated
16.03.2017 passed by learned Family Court No.2, Jodhpur
rejecting an application to treat an application preferred under
Section 13 of the Hindu Marriage Act, 1955 (for short, ''the Act of
1955'') as an application under Section 13-B of the Act of 1955
and further to grant a decree of divorce.
In brief, factual matrix of the case is that the appellant
entered into a wedlock with respondent on 10.12.2013 at Jodhpur.
An application as per the provisions of Section 13 of the Act of
1955 was preferred by the appellant before the Family Court,
Chittorgarh on 11.12.2014 alleging cruelty and desertion on part (2 of 4) [CMA-1068/2017]
of the respondent. The application preferred before the Family
Court, Chittorgarh was transferred to Family Court No.2, Jodhpur
at the instance of the respondent.
During pendency of the application aforesaid, the
appellant and the respondent arrived at a compromise to settle
their disputes and also decided to have a decree of divorce by a
mutual compromise. An application, thus, was preferred before
the Family Court No.2, Jodhpur to treat the application under
Section 13 of the Act of 1955 as an application under Section 13-B
of the Act of 1955 and further to annul the marriage by granting a
decree of divorce.
Learned Family Court under the order impugned dated
16.03.2017 dismissed the application on the count that the
compromise produced was relating to resolution of certain
disputes, but not to have a decree of divorce as a consequence to
the compromise. Aggrieved by the same, the instant appeal is
preferred.
So far as the order passed by the Family Court dated
16.03.2017 is concerned, we are of the view that the Family Court
rightly rejected the application as the compromise produced was
not having any recital to have a decree of divorce as a
consequence to mutual compromise.
Be that as it may, before this court, the parties are
personally present and stated that they have arrived at a
compromise to resolve all disputes and also to have a decree of
divorce. They have also placed on record a compromise arrived
between them, contents of which read as follows :-
"VERNACULAR MATTER OMITTED"
Looking to the fact that the application under Section
13 was filed much back on 11.12.2014 and thereafter parties
arrived at a compromise, which was placed before the Family
Court No.2, Jodhpur and further a compromise is placed before
this court, we deem it appropriate to accept this appeal in terms
of the compromise quoted above. Accordingly, the appeal is
allowed. The marriage solemnized between the parties on
10.12.2013 at Jodhpur is hereby annulled. A decree of divorce be
prepared and granted in terms of the compromise arrived between
the parties.