High CourtsSINGLE BENCH(2017) 08 RAJ CK 0009

Sanjay Singh Detha S/o Sh. Lal Singh Detha vs Smt.Sanjeev Detha W/o Sh. Sanjay Singh Detha

Rajasthan High Court · Decided on 3 August 2017

HON’BLE JUDGES
Arun Bhansali
CASE NUMBER
790 of 2009

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Judgment

7 paragraphs · 231 words
1.

This 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.

2.

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.

3.

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.

4.

Both the parties present in person also submit that they have settled the dispute mutually and have executed the compromise dated 22.6.2017.

5.

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.

6.

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.