Citation : 2021 Latest Caselaw 6053 Raj
Judgement Date : 1 March, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
D.B. Civil Misc. Appeal No. 750/2019
Smt. Rekha Sankhla W/o Shri Ranveer Singh Sankhla, D/o Shri Meghraj Parihar, aged about 36 Years, R/o Nearby Amar Sagar Talab, opp to Samaj Bhawan, Panchayat Samiti Amar Sagar, Tehsil and District Jaisalmer, Rajasthan.
----Appellant Versus Ranveer Singh Sankhla S/o Late Shri Sohanlal Ji, aged about 44 Years, B/c Mali, R/o Inside Merti Gate Hathiram Ka Oda, Jodhpur (Raj.)
----Respondent
For Appellant(s) : Mr. Manas Ranchhor Khatri. For Respondent(s) : Mr. Girish Kumar Sankhla.
HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order
01/03/2021
This misc. appeal is directed against the judgment and
decree dated 19.04.2018 passed by Family Court No.1, Jodhpur
whereby marriage between the parties has been dissolved under
the provisions of Section 13 of the Hindu Marriage Act, 1955.
The appeal was admitted by this Court on 07.01.2020 and
interim order was passed in favour of appellant in the following
terms:
"Meanwhile, effect and operation of the judgment and decree dated 19.4.2018 passed by the Family Court No.1, Jodhpur in Civil Original Case No.528/2017- 'Ranveer Singh Vs. Rekha' shall remain stayed."
(2 of 3) [CMA-750/2019]
With the consent of the parties, vide order dated 11.02.2021
the matter was referred to the Mediation Centre of this Court to
explore the possibility of amicable settlement between the parties.
The Mediator appointed by the Judge In-charge of the
Mediation Centre has submitted his report. The parties have
agreed to resolve their all disputes pending and they have decided
to reside together. The terms of the agreement arrived at between
the parties, as noticed by the Mediator in his report submitted,
reads as under: -
"That the Parties with their counsels are present. The respondent Ranveer paid Rs.2,46,000/- to the petitioner Smt. Rekha, the amount due u/s 125 Cr.P.C. in front of me and counsels of both the parties.
Both the parties have agreed to live together as husband and wife.
The Case No.5/2018 Smt. Rekha V/s Ranveer Singh pending before Family Court, Jaisalmer u/s 125 Cr.P.C. and Case No.273/2017 State Vs. Ranveer Singh pending before CJM Court, Jaisalmer u/s 498A, Cr.P.C. (Sic! IPC) shall be withdrawn forthwith (shall not be pressed).
The respondent Ranveer Singh gave his consent that the DBCM appeal No.750/2018 pending before the Hon'ble High Court may be allowed & the Divorce decree may be set aside. On the request of counsels of both the parties, the matter may be listed at its earliest."
Learned counsel appearing for the parties submit that in
terms of the compromise arrived at between the parties, the
decree under appeal may be set aside so that the parties can live
together as husband and wife.
(3 of 3) [CMA-750/2019]
Accordingly, in terms of the agreement arrived at between
the parties, the decree under appeal dated 19.04.2018 passed by
Family Court No.1, Jodhpur in Civil Original Case No.528/2017 is
set aside. Needless to say that the parties shall abide by the terms
and conditions of compromise arrived at before the Mediator.
The misc. appeal stands disposed of accordingly.
(RAMESHWAR VYAS),J (SANGEET LODHA),J
11-DJ/-
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