ANJALI RAKA Vs. TUSHAR RAKA

JUDGEMENT

(1.) THE instant appeal has been filed by the defendant/wife against the impugned judgment and decree dated 23-8-2011 passed by the First Additional Principal Judge, Family Court, Raipur in Civil Suit No. 85 A/2009 (Tushar Raka Vs. Anjali Raka), granting divorce under Section 13 (1-A) (ii)of the 1 Hindu Marriage Act, 1955.

(2.) SECTION 13 (1-A) (ii) of the Hindu Marriage Act. 1955 provides that either parly to a marriage, whether before or after the commencement of the Act. may. present a petition for dissolution of the marriage by a decree of divorce on the ground that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.

(3.) ON 13-3-2012 the parties were directed to remain present on 27-3-2012 for the purpose of reconciliation proceedings. The reconciliation proceedings were held on 27-3-2012. 29-3-2012 and today itself, i.e.. 10-4-2012. Today, i.e., 10-4-2012 both the parties have filed a joint application, supported by their affidavits, for settlement of the matter and quashing of the criminal case on the terms mentioned as A to D in the application.