SUMAN LATA PANWAR Vs. AJAY SINGH

JUDGEMENT

(1.) The present First Appeal has been preferred by the plaintiff/appellant, invoking Section 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act') read with Section 19 of the Family Courts Act, 1984, whereby, she has questioned the judgment and decree dated 9th April, 2013 rendered by the Family Court, Haridwar in Original Suit No. 325 of 2007, Smt. Suman Lata Vs. Ajay Singh, by virtue of which, the plaintiff/appellant's suit as preferred by her by invoking Section 13 (1), 25 and 27 of the Act has been dismissed. The Family Court, after considering the rival contentions and the evidence which were brought on record by the rival parties, had dismissed the suit wherein prayer was made by the plaintiff/appellant for dissolution of marriage as well as for grant of permanent alimony under Section 25 of the Act. Consequently, the present First Appeal.

(2.) After the appeal was filed on 07.05.2013, it was mostly adjourned by the appellant, until admitted on 12.02.2014. Thereafter, 14.02.2014 till 15.03.2015, most of the time, appeal was adjourned and no effective proceeding was held.

(3.) The order sheet shows that this Court on a number of occasions i.e. on 17.04.2017 and 21.04.2017 had made efforts by calling upon the parties to appear before this Court and to make an effort for resolving the dispute by way of an amicable settlement through mediation, but, it seems that despite of the best efforts made by the Court, the parties have failed to enter into any compromise / settlement, and all efforts of mediation had failed as a result thereto, this Court finds that there was no possibility of revival of the matrimony and thus this Court is of the view that it would be in the interest of both the parties that this Appeal itself is decided on its own merit.