MAMTA SWIVEDI Vs. SUDHEER DWIVEDI

JUDGEMENT

(1.) We have heard Sri Sujit Kumar, learned Counsel for the appellant and Sri Amit Kumar, learned Counsel appearing for the respondent.

(2.) In compliance of our order dated 30.10,2006, the parties along with their father and Counsel are present before us. They have also filed a compromise which has been duly verified by Sri Sujit Kumar and Sri Amit Kumar. The compromise filed by the par pies shall be kept on record and shall form part thereof. The appellant and respondent both are living together as husband and wife. They have also stated before us that they are happy and there is no complaint against each other. The father of both the parties are also happy and have stated that the parties are happily living as wife and husband.

(3.) Since the parties are living happily as husband and wife and the wife has stated that she would withdraw all cases pending at Varanasi and that the husband has also stated that in terms of compromise the divorce decree be set aside, with the consent of the parties this appeal is finally disposed of in terms of the compromise. The judgment and decree passed by the Additional Family Judge, Allahabad dated 8.5.2006 under Sec. 13 of the Hindu Marriage Act is set aside. In order to avoid further litigation between the parties we also quash the proceedings pending in Matrimonial Petition No. 174 of 2004, Mamta Dwivedi Vs. Sudheer Dwivedi , under Sec. 9 of the Hindu Marriage Act and Case No. 115 of 2004, Mamta Dwivedi Vs. Sudheer Dwivedi , under Sec. 125, Cr. P. C. pending before the Family Court, Varanasi in exercise of our inherent jurisdiction under Art. 227 of the Constitution of India.