Shanu Kumawat vs Kamlesh Kumawat ...
2023 Latest Caselaw 1445 Raj

[2023/RJJD/005011]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Misc. Appeal No. 1441/2022

Smt. Shanu Kumawat W/o Shri Kamlesh, D/o Sh. Onkar Lal Kumawat, Aged About 25 Years, At Present R/o Nai Parasoli, Tehsil Asind, Distt. Bhilwara.

----Appellant Versus Kamlesh Kumawat S/o Shri Girdhari Lal, R/o Purani Parasoli, Tehsil Asind, Distt. Bhilwara.

                                                                 ----Respondent


For Appellant(s)          :     Mr. Vishan Das
For Respondent(s)         :     --



            HON'BLE MR. JUSTICE SANDEEP MEHTA

HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

Judgment

07/02/2023 This appeal is preferred on behalf of the appellant- wife

being aggrieved with the judgment dated 05.07.2022 passed by

Judge, Family Court (Additional District and Sessions Judge),

Gulabpura, District Bhilwara (hereinafter to be referred as 'Family

Court'), whereby it has dismissed the application preferred on

behalf of the appellant- wife under Section 13 of the Hindu

Marriage Act, 1955. The Family Court while dismissing the

application came to the conclusion that the allegations of

cruelty on the part of the respondent- husband were not well

founded.

On 17.01.2023, when the matter was listed before this

Court, learned counsel for the parties had submitted that there

was possibility of matter being resolved between the parties and

[2023/RJJD/005011] (2 of 2) [CMA-1441/2022]

therefore, the matter may be referred to the Mediation Centre

attached to this court. After taking into consideration the

contentions of the learned counsel for the parties, the matter was

directed to be placed before the Mediation Centre.

In compliance of the order of this Court dated 17.01.2023,

the matter was placed before the Mediation Centre, where both

the parties, along with their respective counsels were present.

The report of the learned Mediator dated 31.01.2023 is produced

before this Court according to which "both the parties have

expressed their desire to divorce by mutual consent and in view of

above, mediation succeeded."

Having considered the contents of the report of learned

Mediator, we deem it appropriate to dispose of the instant appeal

in terms of the same.

Hence, judgment dated 05.07.2022 passed by Judge, Family

Court Gulabpura, District Bhilwara is set aside and the instant

appeal is disposed of in terms of the compromise arrived at

between the parties. The marriage between the parties which took

place on 21.04.2015 stands annulled. A decree-sheet be prepared

as per the terms of compromise arrived at between the parties

and be granted.

The instant misc. appeal stands disposed of accordingly.

(RAJENDRA PRAKASH SONI),J (SANDEEP MEHTA),J

171-Payal/-

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