SONIA Vs. JITENDER

JUDGEMENT

(1.) THIS appeal has been filed by the appellant -Sonia against the judgment and decree dated 09.05.2011 passed by the learned Additional District Judge, Jhajjar whereby the petition of the appellant under Section 13(1) (ia) (ib) of the Hindu Marriage Act, 1955 for grant of divorce was dismissed.

(2.) DURING the pendency of the appeal both the parties have decided to live together as husband and wife. The statement of the appellant -Sonia has been recorded in Court today in which she has stated that she was married to Jitender (respondent) on 06.02.2003 according to Hindu rites and ceremonies. She filed a petition for seeking divorce on 16.10.2010. It is further stated that now she has compromised the matter with the respondent and has decided to live with the respondent as he has taken up a separate residence and has also assured her that he will not trouble her in future. It is further stated that since she has decided to live with the respondent, the appeal that she has filed may be dismissed as withdrawn. The statement of the respondent -Jitender has also been recorded in which he has stated that his marriage was solemnized with Sonia (appellant) on 06.02.2003 according to Hindu rites and ceremonies. Sonia filed a petition for divorce. However, now they have compromised their dispute with each other and have decided to live together as husband and wife. It is stated that he shall also look after his wife and give her all comforts and regards. He has already taken separate accommodation where they shall live together.

(3.) WE are of the view that since the parties have amicably settled their dispute with each other and have decided to live together, besides, the appellant has stated that the appeal may be dismissed as withdrawn, the appeal is liable to be dismissed as withdrawn.