RAJKUMARI KHANDELWAL Vs. MANOJ KHANDELWAL

JUDGEMENT

(1.) THE present appeal has been filed by the appellant appearing party in person, being aggrieved by the judgment & decree dt. 04.05.2012 passed by the District & Sessions Judge, Alwar (hereinafter referred to as "the Court below") in Civil Misc. Application No. 184/2012. In the instant case, it appears that earlier the respondent had filed the petition seeking divorce under Sec. 13 -B of the Hindu Marriage Act (hereinafter referred to as "the said Act"), which was not pressed for, as both the parties had then decided to file the petition under Sec. 13 -B of the said Act. The Court below after recording the statements of the parties, passed the impugned decree. Since the appellant had alleged in this appeal that on the date of decree i.e. 04.05.2012, when her statement was being recorded, the concerned Judge was not present in the Court room and was sitting in the chamber, and that her statement was dictated by the learned counsel appearing for the respondent, the Court had vide the order dt. 19.08.2013, called for the remarks of the concerned Judge. The concerned Judge (now retired) had denied the allegations and submitted that the statement of the appellant was recorded as per law in his presence.

(2.) BE that as it may, in order to avoid further controversy, the learned counsel Mr. Anoop Dhand on the instructions of the respondent -Manoj Khandelwal, who is also personally present in the Court, submits that the respondent has no objection if the impugned judgment & decree is set -aside, and the Court below is directed to decide the said application filed under Sec. 13 -B on merits, to which the appellant, who is appearing party in person has also no objection. In view of the above, the impugned judgment & decree dt. 04.05.2012 passed by the Court below is set -aside. The Court below is directed to decide the application being No. 184/2012 filed under Sec. 13 -B of the said Act on merits and in accordance with law. The appeal is allowed accordingly.