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Judgment
A.P. Chowdhri, J.—Mohinder Pal, respondent-husband was married to Smt. Raj Rani, appellant some time in the year 1977-78. From the wedlock, two sons Rakesh and Raju were born. The parties lived together till 25.3.1984 when differences arose and they started living separately from each other. On 23.5.1985, the husband filed a petition u/s 9 of the Hindu Marriage Act seeking restitution of conjugal rights against the wife. The petition was contested and the Trial Court framed the following issues :--
Whether the respondent has withdrawn from the society of the petitioner? OPA
Whether the respondent has sufficient excuse to withdraw from the society of the petitioner ? OPR
Relief.
After evaluating the evidence led by the parties, the issues were decided in favour of the husband and as a result the petition was allowed by Senior Subordinate Judge, Patiala exercising the powers of District Judge by order dated 8.12.1987. It is this order which is assailed in the present appeal
Learned Counsel appearing for the respondent states that the parties have reached a mutual settlement in which certain amounts were paid on account of maintenance of the two minor sons and on account of permanent alimony to the wife. It was further agreed in the said settlement that all pending cases; civil as well as criminal, instituted by one party against the other will be withdrawn.
The above factual position is not controverted by Mr. Surjeet Singh, Senior Advocate appearing for the appellant.
In view of the above, the present appeal is disposed of as having become infructuous. A photostate copy of the compromise produced by learned Counsel for the respondent is placed on the record of this appeal.