LAWS(RAJ)-2015-4-337

PREM SINGH Vs. KAILASH KANWAR

Decided On April 07, 2015
PREM SINGH Appellant
V/S
Kailash Kanwar Respondents

JUDGEMENT

(1.) INSTANT appeal came to be preferred by the husband against the order dt. 20.12.2013 rejecting application filed at the instance of the appellant -husband u/S. 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights. During pendency of proceedings the matter was sent to mediation centre if possible in arriving to an amicable settlement to resolve their matrimonial dispute. By the intervention of the process of mediation both the parties amicably resolved their matrimonial dispute & with mutual consent application was filed u/S. 13B of the Hindu Marriage Act, 1955 and after due compliance of the provisions of law the decree of divorce by mutual consent was granted by the learned Family Court vide judgment & decree dt. 28.01.2015 and their marriage dt. 09.03.2008 by mutual consent stood dissolved and on the last date of hearing it was brought to the notice of the Court that as the respondent wife was getting maintenance during pendency of proceedings unless there is a specific order passed by this Court the concerned authorities will not stop the maintenance which the wife was getting even prior to the judgment & decree of divorce dt. 28.01.2015.

(2.) IT is brought to our notice that the office of the appellant under the signatures of Capt. Record officer for OIC Records has sent a letter dt. 09.03.2015 addressed to Smt. Suman Kanwar D/o. Sh. Bhanwar Singh, respondent herein that after passing of the judgment & decree of divorce by mutual consent dt. 28.01.2015 further maintenance allowance has been stopped w.e.f. 01.03.2015. The maintenance allowance to the respondent wife, as informed to this Court, has now been stopped and copy of the document in support thereof has been placed for perusal and admitted by the respondent who is present in Court that she has no grievance further left which requires determination & she is fully satisfied with the decree of divorce by mutual consent granted by the learned Family Court dt. 28.01.2015 & all other matrimonial disputes, if any, have also been settled. In view of the final judgment & decree passed u/S. 13B of the Hindu Marriage Act, 1955 dt. 28.01.2015 no further orders are required to be passed in the present appeal and in light thereof the present appeal stands disposed of.