Shashank Jaiswal vs Smt. Neelam Jaiswal

I.M. Quddusi, J.—Heard. The appellant has filed this appeal against the order dated 13.08.2010 passed in civil suit No. 88-A/2009 by the learned Family Judge, Family Court, Bilaspur dismissing application filed by the appellant u/s 13 of the Hindu Marriage Act, 1955 seeking decree of dissolution of marriage.

Facts of the case, in brief are that the appellant, who is Jaiswal by caste, and the respondent, who is Yadav by caste, contracted love marriage on 23.04.2008 at Raipur. After few days of the marriage, disputes & differences have arisen between them and therefore on 16.10.2008 the respondent had lodged the report in the Police Station Newai against the appellant. On 19.10.2008 a compromise has been arrived at between the parties and therefore the said report has been withdrawn by the respondent. Thereafter, on 12.05.2009 again the respondent has left the house of the appellant and started living with her parents at Bhilai. On 17.05.2009 the respondent has also lodged a report in the Police Station Bhilai. On 22.06.2009 the appellant filed the application before the court below seeking decree of dissolution of marriage and the same has been dismissed by the court below on the ground that the appellant failed to prove that the respondent treated him with cruelty

During pendency of this appeal, both the parties were summoned in person and reconciliation proceedings were held. During reconciliation proceeding the appellant has filed his undertaking/consent to the effect that he wants to start his married life de novo with the respondent and would make all endeavour to keep the respondent happy during her stay with him and for that, he has also taken a house on rent. The respondent, after perusing the undertaking/consent of the appellant has consented to go with the appellant.

Accordingly, this Court allowed them to go together from the Court and directed them to appear again on 14.3.2012 i.e. today.

Today, they appeared and submitted that they are happy with each other and now there remains no dispute between them. The respondent has stated that she is not interested in prosecuting the matters filed by her against the appellant herein and prayed that the matters pending before the courts below may be quashed. They have also submitted a joint consent letter dated 14.03.2012.

In the matter of B.S. Joshi and Others Vs. State of Haryana and Another, the Hon''ble Supreme Court has held that "the duty of court is to encourage genuine settlements of matrimonial disputes so that the parties may ponder over their defaults and terminate their disputes amicably by mutual agreement instead of fighting it out in a court of law where it takes years and years to conclude and in that process the parties lose their "young" days in chasing their "cases" in different courts.

The Hon''ble Supreme Court has further held that "the High Court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint and Section 320 of the Code does not limit or affect the powers u/s 482 of the Code.

After perusing the averment made in the consent letter dated 14.03.2012, the same are verified from the parties and it appears that the appellant and the respondent are residing together and enjoying married life happily. Since both the parties have resolved the matrimonial dispute amicably, it would be appropriate to quash all the proceedings pending between them.

It is informed that on the complaint of the respondent herein regarding domestic violence, an unregistered case is pending against the appellant herein in the Court of Ms. Yashoda kashyap, learned Judicial Magistrate 1st Class, Durg. The said unregistered case was listed on 12.3.2012 before the said court and it was adjourned because the respondent herein did not appear on the said date. Therefore it is directed that the proceedings in the said unregistered case shall not be held and the same shall stands quashed.

Further, on the application filed by the respondent herein u/s 125 to Cr.P.C. a case bearing No. 692/10 was registered in the Family Court, Durg and it was decided on 03.03.2012 fixing Rs. 2,000/- per month as maintenance. The recovery proceeding has also been initiated under Case No. 199/11 and the said matter has been dismissed by the court below concerned for want of prosecution on 12.03.2012 since the respondent herein is living happily with her husband i.e. appellant herein, there is no question of any maintenance to respondent and therefore, it is directed that the order or maintenance shall not be executed by the Court below concerned.

In view of the above, the instant appeal stands disposed of. Consent letters dated 14.03.2012 & 02.03.2012 shall form part of this order.

A copy of this order be sent to the Court of concerned judicial Magistrate 1st Class & Family Judge. Certified copy of this order shall be supplied to the parties free of cost.