Smt. Reeta Devi vs Sri Rajendra Kumar
2023 Latest Caselaw 4260 ALL

Citation : 2023 Latest Caselaw 4260 ALL
Judgement Date : 9 February, 2023

Allahabad High Court

Smt. Reeta Devi vs Sri Rajendra Kumar on 9 February, 2023

Bench: Ramesh Sinha, Subhash Vidyarthi




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- FIRST APPEAL No. - 124 of 2022
 

 
Appellant :- Smt. Reeta Devi
 
Respondent :- Sri Rajendra Kumar
 
Counsel for Appellant :- Santosh Kumar Srivastava
 
Counsel for Respondent :- Avadhesh Mishra
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Subhash Vidyarthi,J.

1. Supplementary affidavit has been filed by the appellant, which is taken on record.

2. Heard Sri Santosh Kumar Srivastava, learned counsel for the appellant and Sri Avadhesh Mishra, learned counsel for the respondent.

3. The instant first appeal has been filed against the order dated 18.10.2022 and the decree of divorce dated 3.11.2018 passed in Regular Suit No. 489 of 2016, whereby the application filed by the appellant under Order IX Rule 13. C.P.C. for setting aside the decree dated 13.11.2018 passed by the Principal Judge, Family Court, Barabanki, in Regular Suit No. 489 of 2016 granting a decree of divorce to the respondent dissolving the marriage between the parties, was rejected.

4. The appellant has filed a supplementary affidavit annexing therewith a Compromise dated 8.2.2023 executed between the parties stating that with the intervention of some reputed persons and Members of the Family, the parties have resolved their disputes and have decided to live together and they are living together as husband and wife for the past 4-5 months. Both the parties have agreed not to enter into any kind of dispute or litigation in future and to lead their lives together as husband and wife.

5. As the parties have already resolved the disputes between them and they are living together as husband and wife, the decree of divorce between them has become meaningless and the same deserves to be set aside in view of the Compromise entered into between the parties.

6. Accordingly, the instant appeal is allowed. The order dated 18.10.2022 rejecting the application under Order IX Rule 13. C.P.C. and the judgment and decree dated 13.11.2018 dissolving the marriage between the parties passed by the Principal Judge, Family Court, Barabanki, in Regular Suit No. 489 of 2016 is hereby set aside. The suit for divorce filed by the respondent is hereby dismissed.

(Subhash Vidarthi, J.) (Ramesh Sinha, J.)

Order Date :- 9.2.2023

A.Nigam