FA/210/2019
2022 Latest Caselaw 3917 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL
           HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                              AND
                 HON'BLE SRI JUSTICE R.C. KHULBE

                        06TH DECEMBER, 2022
                FIRST APPEAL No. 210 OF 2019

Between:

Smt. Himani @ Rinki.                                            ...Appellant

and

Harendra Singh Rautela.                                      ...Respondent

Counsel for the appellant.        :   Mr. Dharmendra Barthwal, the learned
                                      counsel.

Counsel for the respondent.       :   Mr. Sachin, the learned counsel.



JUDGMENT : (per Sri Vipin Sanghi, C.J.)

              The parties are present in terms of our last

order. We have interacted with them. They have stated

that they have realized their respective shortcomings and

mistakes,       due     to    which   matrimonial        disputes        arose

between them, and both of them assure the Court that

they shall try to improve their own conduct qua the other,

so that they can live together as husband and wife,

without unusual acrimony or disputes.


2.            It goes without saying that some amount of

wear and tear, in a marital relationship, is inevitable.

However, fortunately, both parties have realized that they
 owe a responsibility to keep each other happy, and also to

take care of their son jointly, who is now nine years old.


3.        The respondent states that in the light of the

settlement arrived at between the parties, there is no

objection to the impugned judgment and decree being set

aside. He states that the parties shall resume cohabitation

after a week, as he needs to make certain arrangements.


4.         Accordingly,   we       set   aside   the   impugned

judgment and decree dated 09.10.2019 passed by the

Judge, Family Court, Haldwani in Civil Suit No. 240 of

2014, preferred by the respondent under Section 13(1)(ia)

of the Hindu Marriage Act, 1955. The parties shall remain

bound by their assurance given to the Court.


5.        The Appeal stands disposed of in the aforesaid

terms.


6.        Consequently, pending applications, if any, also

stand disposed of.


                                         ________________
                                          VIPIN SANGHI, C.J.


                                             _____________
                                              R.C. KHULBE, J.

Dt: 06th December, 2022 Rahul