AI Structured Summary
Not yet generated for this judgment
Judgment
This appeal is barred by limitation from 16 days. Having
considered all facts of the case and also taking into consideration
that the respondent is having no objection, if the delay caused in
filing the appeal be condoned. We deem it appropriate to accept
the application preferred under Section 5 of the Limitation Act,
accordingly the same is allowed. The delay in filing the appeal is
condoned.
By order dated 10.03.2017, the Family Court, Sriganganagar,
dismissed the application preferred by the appellant under Section
13 of the Hindu Marriage Act, 1955 by arriving at conclusion that
the appellate failed to establish cruelity as well as desertion on
part of respondent Shri Vishnu Kumar.
In pursuance to order dated 10.03.2017, the appellant as
well as the respondent are present in person. On asking the
appellant as well as the respondent submits with all confidence
that they have entered into compromise and that demands to
annule marriage between them, that was solemnized on
17.11.2011.
It is further submitted that, in view of the fact that the
application under Section 13 of the Act, 1955 was filed long back
on 24.02.2015 adequate cooling period has already been passed.
The parties asserted that they have entered into the compromise
with all seriousness and after taking into consideration all pros and
cons of that.
The original compromise is also placed on record containts of
that reads as follows:-
"VERNACULAR MATTER OMITTED"
Having considered the averments contained in the
compromise and also the facts brought to the knowledge of Court,
just to meet the ends of justice, and also taking into consideration
peculiar facts of the case. We deem it appropriate to accept the
instant appeal.
Accordingly, the same is allowed. The judgment and decree
on 10.03.2017, passed by Family Court, Sriganganagar in Civil
Misc. Case No.261/2016 is set aside. The application preferred by
the appellant Smt. Manita Bishnoi, under Section 13 of the Act,
1955 is allowed. The marriage solemnized between the parties on
07.11.2011 is annulled in the terms of the compromise arrived
between the parties. A decree be prepared in the same terms.
No order as to costs.