MIHIR Vs. PRACHI

JUDGEMENT

(1.) By this appeal filed under section 19 of the Family Courts Act, 1984 read with section 28 of the Hindu Marriage Act, 1955, appellant Mihir s/o Subhash Mehta has been aggrieved by the judgment and decree dated 22.12.2011 passed by the Second Additional Principal Judge, Family Court, Indore in Hindu Marriage Case No. 757/2010 dissolving the marriage between the parties and granting other consequential benefits.

(2.) It was contended that the decree was passed exparte and initially the appellant had prayed for setting aside the judgment and decree passed by the Family Court. However, during the pendency of this appeal the parties appear to have settled all their disputes and have filed an application I.A. No. 5482/2013 under section 13B of the Hindu Marriage Act, 1955 stating that as the parties have agreed for a decree of divorce by mutual consent and have also settled all their disputes and are ready to bury the hatchet the application be allowed by passing a final order in the matter.

(3.) We also direct that the parties shall unconditionally withdraw all the notices issued, any other proceedings filed against each other or their family members, summons, warrants etc. and all allegations made against each other in any proceedings, complaint, application, authority etc. and the respondent will not claim any maintenance, alimony, etc. from the appellant in future. Rest of the conditions if any, remaining unfulfilled shall be brought to an end by all the parties concerned by taking necessary steps.