ASHOK KUMAR Vs. SMT. MAMTA

JUDGEMENT

(1.) These two appeals between the same parties arise from a common order dated 30.03.2016 passed by the Family Judge, Pali in Civil Misc. Case No.94/2013 allowing the application for divorce preferred by the Respondent under Section 13(1)(1a) and (1b) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') and rejecting Civil Misc. Case No.93/2013 by the Appellant seeking restitution of conjugal rights. No appeal has been preferred against the order in Civil Misc. Case No.92/2013 under the Hindu Minority and Guardianship Act, 1956.

(2.) The parties were married on 26.01.1999. The Respondent filed an application for divorce on 29.08.2012 and the Appellant instituted the application for restitution of conjugal rights thereafter on 22.11.2012. The Family Judge allowed the respondents application and rejected the Appellants plea. It is not considered necessary to set out the complete facts of the case, the evidence and the contentions and counter contentions in view of the submission made by the Counsel for the parties for a consent order pursuant to mediation held between the parties as they both desire to start their lives anew leaving their past behind.

(3.) Counsel for the Appellant submits that he is not interested in pursuing the appeals subject to the condition that the criminal case filed by the Respondent against him is quashed in the present proceedings. Counsel for the Respondent submits that she has no objection to the same subject to the Appellant agreeing to quashing of the proceedings under his protest petition after submission of final report by the police in the case filed by him against the Respondent.