Jagdish Lal vs Leena @ Baby

N.C. Jain, J.

In an application u/s 151 of the Code of Civil Procedure, in this appeal, on 17.3.1994, I passed the following order :--

"This is an application u/s 151 of the CPC for disposing of the appeal in view of the compromise which has allegedly taken place on 18.9.1993. Learned Counsel for the respondent was directed by this Court on the last dite of hearing to write registered letter to the respondent. Learned Counsel submitted that he did write a registered letter and informed the father of the respondent on telephone. He has further stated at the bar that since the respondent is not coming forward, he may be permitted to withdraw from the case. The request is allowed. Let actual date notice of the application be issued to the respondent by the Registry for 27.4.1994. Since the compromise took place before the Judicial Magistrate in the proceedings u/s 325 of the Code of Criminal Procedure and in a complaint u/s 498A of the Indian Penal Code, it would be in the fitness of things that the appeal is also listed for hearing on the aforementioned date. The registry is accordingly directed to list the appeal in the daily cause list on the aforementioned date."

Registered actual date notice was issued to the respondent. She has been served, but has chosen not to appear. I have perused the compromise deed which took place between the parties compromising the application u/s 175 of the Code of Criminal Procedure, case under Sections 406/498A/34 of the Indian Penal Code and the divorce petition. In view of the withdrawal of the Counsel and in view of the silence on the part of the respondent, it can be presumed that a valid compromise has already taken place and in accordance with which a decree for divorce dissolving the marriage of the husband and wife should be passed. I order accordingly. This appeal is, therefore, allowed and a decree for divorce is hereby passed dissolving the marriage between the parties.