High Court of Punjab and HaryanaFAO/2037/2018allowed

Kavita v. Karamvir

2019-03-28Mr Justice Rakesh Kumar Jain,Mr. Justice Harnaresh Singh Gill2 pages

FAO-2037-2018 (O&M) -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH FAO No. 2037 of 2018 (O&M) Date of Decision: 28.3.2019 Kavita .......Appellant Vs.

Karamvir ........Respondent CORAM: HON'BLE MR. JUSTICE RAKESH KUMAR JAIN HON'BLE MR. JUSTICE HARNARESH SINGH GILL Present: - Mr. N.S.Panwar, Advocate for the appellant.

Respondent-Karamvir in person.

***** RAKESH KUMAR JAIN, J. (ORAL) This appeal has arisen from the judgment and decree dated 28.3.2018 by which a petition filed under Section 13 of the Hindu Marriage Act, 1955 ('Act' for short) by the respondent-husband for seeking dissolution of his marriage by way of decree of divorce, has been allowed. During the pendency of this appeal, the matter was referred to Mediation and Conciliation Centre of this Court to explore the possibility of a compromise. The parties have ended their dispute by reducing an agreement into a writing on 17.1.2019 and thereafter, are living together happily as husband and wife as ever.

Learned counsel for the appellant has, thus, prayed that since the decree of divorce, in favour of the respondent would come in the way of their matrimonial life, therefore, the same may be set aside. The respondent, who is appearing in person, has also submitted GURPREET SINGH 2019.04.01 10:40 I attest to the accuracy and authenticity of this document chandigarh

FAO-2037-2018 (O&M) -2the same.

Therefore, keeping in view the aforesaid facts and circumstances and the fact that the first hour of justice is the hour of compromise and the primary duty of the Court is to re-unite the couples, who due to some temperamental differences or unfounded emotions, got separated by seeking divorce.

Therefore, keeping in view the aforesaid spirit, the present appeal is hereby allowed and the judgment and decree dated 28.3.2018, passed in favour of the respondent, is hereby set aside. (RAKESH KUMAR JAIN) JUDGE (HARNARESH SINGH GILL) March 28, 2019 JUDGE Gurpreet Whether speaking /reasoned : Yes/No Whether Reportable : Yes/No GURPREET SINGH 2019.04.01 10:40 I attest to the accuracy and authenticity of this document chandigarh