MUKESH LODHA Vs. SMT. RANI KUMARI

JUDGEMENT

(1.) Learned Counsel for the respondent states that inspite of registered letters being sent to the respondent she is not contacting the Counsel.

(2.) The appellant sued for divorce and the respondent was served by publication. She was proceeded against ex-parte. Decree for divorce was granted ex-parte on 11.05.2009. The respondent filed an application under Order 9, Rule 13 of the Code of Civil Procedure pointing out that the newspaper in which publication was effected was other than the one in which citation had to be published. This has influenced the learned Judge, Family Court to pass the impugned order dated 10.10.2013. Application filed by the respondent under Order 9, Rule 13 of the Code of Civil Procedure has been allowed. Ex-parte decree of divorce dated 11.05.2009 has been recalled.

(3.) During the pendency of the proceedings in this Court the parties entered into a settlement because the respondent had initiated multifarious proceedings against the appellant including a FIR for offence punishable under Section 406 IPC. The settlement has been recorded by the Allahabad High Court in Criminal Misc. Appeal No.6569/2016- Mukesh and Ors. v. State of U.P. and Anr. The decision is dated 23.01.2017 . Certified copy of the said decision has been placed on record which shows that the appellant has paid in full and final settlement of all dues of the respondent Rs. 4,50,000/-. She had received the money by a demand draft. The respondent has agreed to give consent for the marriage to be dissolved with consent. Custody of the child is with the respondent. The right of the child over the property of the appellant has been kept intact. It is obviously a case where the respondent having received Rs. 4,50,000/- is no longer interested in the proceedings. She is a resident of Agra. She is not even contacting her Counsel. The settlement between the parties records that even as per the respondent the marriage has irrevocably and irretrievably broken down.