Mrs. Bhagwati Devi Alias Bhavana Devi vs Mr. Deepak Chand Melkani
2024 Latest Caselaw 406 UK

Uttarakhand High Court

Mrs. Bhagwati Devi Alias Bhavana Devi vs Mr. Deepak Chand Melkani on 20 March, 2024

     IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL
                     MS. JUSTICE RITU BAHRI, C.J.
                                AND
                      MR. RAKESH THAPLIYAL, J.


                            20th MARCH, 2024
          FIRST APPEAL NO. 50 OF 2024
Mrs. Bhagwati Devi alias Bhavana Devi .....Appellant
Versus
Mr. Deepak Chand Melkani            .........Respondent


Counsel for the appellant         :   Ms. Mamta Bisht, learned counsel.


Counsel for the respondent        :   None.



Upon hearing the learned Counsel, the Court
made the following

JUDGMENT :

(per: Ms. Ritu Bahri, C.J.)

Counsel for the appellant says that after the

decree of divorce was passed on 10th May, 2011, the

marriage was dissolved. However, after some time,

they started living together in the matrimonial house.

2. Both the parties are present in the Court today.

The affidavit of Ms. Bhagwati Devi is taken on record,

in which she has stated that they had got married in

the year 2002 and they have two children; in the year

2009-10, some matrimonial dispute arose between the

appellant and the respondent. Thereafter, the

respondent filed a suit for divorce against the appellant

in the year 2010 before the Civil Judge (Senior

Division), Almora, which was registered as Civil Case No. 63 of 2010 "Deepak Chand Melkani vs. Bhawna

Melkani", and the decree of divorce was passed therein

by the Civil Judge, Senior Division, Almora on 10th May,

2011; she has now reconciled with her husband

(respondent herein) for safeguarding her married life

and for the future of her children; and she has started

living together with the respondent (husband) in the

matrimonial house.

3. An affidavit dated 20th March, 2024 has also been

filed today by respondent-Deepak Chand Melkani. The

same is taken on record. He has stated therein that

both are living happily together and has prayed that

the decree of divorce dated 10th May, 2011 be set

aside.

4. Keeping in view that both the appellant and the respondent are staying together happily, the decree of divorce dated 10.05.2011 passed by the learned Civil Judge, Senior Division, Almora in Civil Case No. 63 of 2010 is set aside.

5. Accordingly, the instant First Appeal stands disposed of.

6. Pending application, if any, also stands disposed of.

_____________ RITU BAHRI, C.J.

__________________ RAKESH THAPLIYAL, J.

Dt: 20th March, 2024