PRIYANKA RAMJIBHAI PATTANI Vs. ASHWINKUMAR RAMANLAL PATTANI

JUDGEMENT

(1.) By way of present Appeal, the appellant - original respondent / wife has challenged the judgement and decree dtd. 7/3/2015 passed by the learned Principal Judge, Family Court, Gandhinagar in Hindu Marriage Petition No.69 of 2013 (Old HMP No.82/2011), by which, the learned Family Court passed decree of divorce in favour of the applicant husband by holding that the marriage between the parties, which was solamanised on 20/5/2006, is dissolved.

(2.) Present Appeal came to be admitted by Co-ordinate Bench of this Court on 24/6/2015. On the same day, an order was passed staying the execution, operation and implementation of the aforesaid judgement and decree dtd. 7/3/2015 passed by the learned Principal Judge, Family Court, Gandhinagar in Hindu Marriage Petition No.69 of 2013 (Old HMP No.82/2011).

(3.) It may be noted that after filing of the aforesaid First Appeal, the parties have started meeting each other and in fact they started to cohabiting as well. All the disputes between the parties through this First Appeal have been settled amicably. The parties in this proceeding have one son who is now 11 years old. The son is the joining chain between the husband and wife which brought the parents together. In fact, the dispute between the in-laws have also been settled and therefore, the respondent hereby declares that he does not want to proceed with his divorce petition and would like to withdraw the divorce petition filed before the competent court at the relevant point of time. In that view of the matter, the decree recorded by the Family Court may be set aside and the respondent may be permitted to withdraw the petition preferred by the respondent in Family Court. In fact the husband and wife - the parties to this proceeding are living happy life and have no grievance against each other and therefore, they do not want to separate and do not want divorce. Therefore, these proceedings are to be disposed of accordingly.