Uttarakhand High Court
Smt. Shanu Sharma vs Shri Sanjay Sharma on 3 October, 2024
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
2024:UHC:7438-DB
IN THE HIGH COURT OF UTTARAKHAND AT
NAINITAL
First Appeal No. 33 of 2024
Smt. Shanu Sharma. ...Appellant
Vs.
Shri Sanjay Sharma ...Respondent
Presence:
1. Mr. Narendra Bali, learned counsel for the appellant.
2. Mr. L.K. Tiwari, learned counsel for the respondent.
Hon'ble Ritu Bahri, C.J.
Hon'ble Rakesh Thapliyal, J. (Oral)
The instant First Appeal has been preferred under
Section 19 of the Family Courts Act by the present appellant
against the judgment and order dated 31.01.2024 passed by the
Principal Judge, Family Court, Dehradun, in R.M. Case No. 63 of
2023 'Smt. Shanu vs. Shri Sanjay Sharma', whereby, an
application moved by the present appellant under Order 9 Rule
13 of CPC has been rejected.
2. The brief facts of the case are that the present
appellant married with the respondent on 22.11.2008 and from
this marriage one female child was born on 02.10.2009 and
thereafter one male child was born on 31.01.2011. Thereafter,
due to certain differences in between the present appellant with
her husband both of them were living separately since
07.04.2021. Thereafter, the respondent-husband filed a petition
under Section 13 of Hindu Marriage Act, 1955, which was
registered as Case No. 442 of 2021 seeking divorce on the ground
of cruelty, which was decreed exparte by the Principal Judge,
Family Court, Dehradun, on 11.05.2023.
2024:UHC:7438-DB
3. Being aggrieved with the exparte decree of divorce
passed by the Principal Judge, Family Court, Dehradun, an
application was moved by the present appellant under Order 9
Rule 13 r/w Section 151 of CPC, wherein, a detailed objection
was filed by the respondent-husband; however, an application
moved by the present appellant under Order 9 Rule 13 r/w
Section 151 of CPC was rejected by the Principal Judge Family
Court, Dehradun by an order dated 31.01.2024 and being
aggrieved with the same the present appeal has been preferred.
4. On 05.09.2024, it has been informed to this court that
a compromise is entered between the parties; consequently, both
the parties were directed to appear through video conferencing on
12.09.2024. Now, both the parties have filed a joint application
along with their separate affidavits dated 02.10.2024, wherein, it
is contended that during the pendency of the present First Appeal
both the parties have arrived to amicable settlement and have
filed resort to live together and submits that the order passed by
the Principal Judge, Family Court dated 31.01.2024 in R.M. Case
No. 63 of 2023 'Smt. Shanu vs. Shri Sanjay Sharma' as well as
ex parte judgment and order dated 11.05.2023 and the decree
dated 26.05.2023 in O.S. No. 442 of 2021 'Shri Sanjay Sharma
vs. Smt. Shanu' passed by the Principal Judge, Family Court,
Dehradun, be set aside on the basis of compromise taken place
between the parties. The said application along with the affidavits
of both the parties are taken on record.
5. Since, now the parties have entered with amicable
settlement and have decided to live together; therefore, there is
no useful purpose to keep the instant First Appeal pending and
in view of the statement as given in paragraphs 2 and 3 and the
application supported with the affidavit of both the parties, the
instant appeal is disposed of finally by setting aside the judgment
2024:UHC:7438-DB
and order dated 11.05.2023 in O.S. No. 442 of 2021 'Shri Sanjay
Sharma vs. Smt. Shanu' passed by the Principal Judge, Family
Court, Dehradun, as well as the order dated 31.01.2024 passed in
R.M. Case No. 63 of 2023 'Smt. Shanu vs. Shri Sanjay Sharma'
on the basis of compromise entered between the parties.
(Rakesh Thapliyal, J.) (Ritu Bahri, C.J.)
03.10.2024
PR
POOJA
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF
2.5.4.20=20de6817a968f6b259137535cd20ae0aabc071792cf3b967c
166f1f9777d2df9, postalCode=263001, st=UTTARAKHAND,
serialNumber=C1F86C3C515DA418A38C7E1A60389068B79D0D8C
DF244993ED8CB408A9121FC3, cn=POOJA
Date: 2024.10.16 13:54:15 +05'30'
