Citation : 2023 Latest Caselaw 7650 Raj
Judgement Date : 22 September, 2023
[2023:RJ-JD:31453-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Misc. Appeal No. 48/2023
Suraj Kumari W/o Shri Rajuram, Aged About 33 Years, Daughter Of Shri Magnaram, Resident Of Head Post Office Road, Manpura Colony, Jalore, Tehsil And District Jalore (Rajasthan)
----Appellant Versus Rajuram Alias Rajuram Solanki S/o Shri Sakaram, Aged About 35 Years, Resident Of Rajendra Nagar, Jalore, Tehsil And District Jalore (Rajasthan)
----Respondent
For Appellant(s) : Mr. K.L. Thakur with Mr. M.L. Panwar.
Appellant in person.
For Respondent(s) : Mr. Jitendra Mohan Choudhary.
Respondent in person.
HON'BLE MR. JUSTICE ARUN BHANSALI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Order
22/09/2023
1. This appeal is directed against the judgment and decree
dated 5.11.2022 passed by the Family Court, Jalore, whereby, the
petition filed by respondent - Rajuram @ Rajuram Solanki under
Section 13 of the Hindu Marriage Act, 1955, seeking dissolution of
his marriage with Smt. Suraj Kumari, has been allowed and
marriage dated 3.7.2014 between them has been ordered to be
dissolved. Further, it has been ordered that the wife would be
entitled to permanent alimony to the tune of Rs.7 lakhs.
2. Feeling aggrieved of the said judgment and decree dated
5.11.2022, the present appeal has been filed by Smt. Suraj
Kumari.
[2023:RJ-JD:31453-DB] (2 of 2) [CMA-48/2023]
3. Though the attempt made to resolve the dispute mutually by
sending the parties to the mediation center attached to this Court
failed on 29.5.2023, today when the appeal came up before this
Court, an application (I.A. no.1/2023) has been filed by the
parties seeking setting aside of the impugned judgment and
decree dated 5.11.2022 passed by Family Court, Jalore, on the
basis of compromise, wherein, parties have indicated that they
have decided to live together as husband and wife.
4. The application is signed by learned counsel for the parties,
supported by affidavits of the appellant and respondent and they
have placed their Aadhar Cards also on record.
5. Both the parties are also present before this Court and on
query of the Court, clearly indicated that they want setting aside
of the judgment and decree as they have decided to live together.
6. In view of the above fact situation, wherein, the parties have
settled the dispute mutually and have decided to live together
again, the present application (I.A. No.1/2023) is allowed. The
judgment and decree dated 5.11.2022 passed by Family Court,
Jalore, in Family Original Case No.73/2019, is quashed and set
aside.
7. The appeal stands disposed of in terms of the compromise.
(RAJENDRA PRAKASH SONI),J (ARUN BHANSALI),J
28-Sumit/-
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