Dinesh Rathore vs Archna Rathore

Heard on I.A. No.5171/2022, an application filed under Section 5 of Limitation Act for condoning the delay in filing the appeal.

For the reasons mentioned in the application, I.A. No.5171/2022 is allowed. Delay is condoned.

This appeal under Section 19 of Hindu Marriage Act by the appellant/husband is directed against the judgement and decree dated 14.02.2022 in Case No.335-A/2021. By the impugned order, the decree for divorce on mutual consent has been passed.

Learned counsel for the appellant and respondent submit that indeed the impugned decree is passed with the consent of the parties but with the passage of time after the family met there is a change of hearts with the intervention of the children. Now, both husband and wife want to live together with the children. Hence, the impugned decree may be set aside.

Let both appellant/husband and respondent/wife appear before the Principal Registrar/OSD of this Bench for recording of their statements to the aforesaid context.

List the appeal for further order today at 2:30 pm.

(ROHIT ARYA)          (MILIND RAMESH PHADKE)

At 02:30 pm:-

In view of the statements of the appellant/husband and the respondent/wife recorded before the Principal Registrar of this Court in pre-lunch session, the prayer, for setting aside the decree of divorce passed on consent, is accepted. Henceforth, appellant and the respondent shall lead a family life with their children as legally wedded couple.

The appeal, accordingly, stands allowed.

Let decree be prepared accordingly.