Veermati @ Veena vs Surender
2023 Latest Caselaw 795 P&H

FAO-M-433-2016 (O&M)                                                     -1-

            IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                        CHANDIGARH

                                              FAO-M-433-2016 (O&M)
                                              Date of Decision: 16.01.2023

Veermati @ Veena                                        ...... Appellant(s)
          Versus
Surender                                               ..... Respondent(s)


CORAM:- HON'BLE MRS. JUSTICE LISA GILL
        HON'BLE MRS. JUSTICE RITU TAGORE

Present:    Mr. P.K. Ganga, Advocate
            for the appellant.

            Mr. Anshul Gupta, Advocate
            for the respondent.

                  *****
LISA GILL, J.

This appeal has been filed by the appellant-wife challenging the

judgment and decree dated 28.10.2016, passed by learned Additional

District Judge, Sirsa, whereby petition under Section 13 of the Hindu

Marriage Act, 1955 (hereinafter referred to as 'the Act'), filed by the

respondent-Husband has been allowed.

Learned counsel for the parties submit that during pendency of

this appeal, matter has been amicably resolved between the parties and they

have resolved to resume cohabitation. Terms and conditions of the

compromise were reduced into writing on 25.04.2022. Compromise dated

25.04.2022 is sought to be placed on record vide CM-5643-CII-2022. Same

is taken on record, subject to just exceptions. The respondent-husband, it is

stated, has no objection in case present the appeal is allowed and impugned

judgment and decree dated 28.10.2016 is set aside in view of the fact that he

has resumed cohabitation with his wife at the matrimonial home.

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 FAO-M-433-2016 (O&M)                                                  -2-

The appellant and respondent duly identified by their respective

counsel are present in Court. Both of them state that they have resumed

cohabitation and are living together at the matrimonial home. Their

statements to this effect have been recorded separately.

Keeping in view the facts and circumstance as above and the

fact that parties have resumed cohabitation and respondent-husband has

categorically expressed that he has no objection in case this appeal is

allowed and judgment and decree dated 28.10.2016 is set aside, this appeal

is allowed and judgment and decree dated 28.10.2016, passed by learned

Additional District Judge, Sirsa is set aside.

Since the main appeal stands allowed, pending civil

miscellaneous application/s, if any, stand disposed of accordingly.

                                                            (LISA GILL)
                                                              JUDGE



                                                        (RITU TAGORE)
16.01.2023                                                   JUDGE
Sunil



                   Whether speaking/reasoned:        Yes/No
                   Whether reportable:               Yes/No




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