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Judgment
26 paragraphs · 231 wordsThis appeal is directed against the judgment and decree
dated 5.1.2009 passed by the District Judge, Bikaner (''the trial
court''), whereby, the petition under Section 13 of the Hindu
Marriage Act, 1955, filed by the appellant seeking dissolution of
the marriage, has been rejected.
During the pendency of the appeal, appellant has filed an
application under Section 151 CPC, inter alia, indicating that
during the pendency of the appeal, both the parties have amicably
settled the dispute and entered into compromise and, therefore,
pursuant to the said settlement, the impugned judgment and
decree may be set aside and the present appeal may be allowed.
Learned counsel for the respondent does not dispute the fact
about the settlement of dispute and execution of the compromise
dated 22.6.2017, a copy whereof, has been filed alongwith the
application.
Both the parties present in person also submit that they
have settled the dispute mutually and have executed the
compromise dated 22.6.2017.
In view of the submissions made, the fact that the parties
have settled the dispute mutually and have executed the
compromise, the appeal filed by the appellant is allowed in terms
of the compromise.
The judgment and decree dated 5.1.2009 passed by the trial
court, is set aside and it is directed that the marriage between the
parties shall stand dissolved in terms of the compromise dated
22.6.2017.