Nisha v. Ajay Kumar

4# % 23.11.2010 Present:- Appellant is present in person. Mr.Narender Malawaliya Ms.Narbada, Advocates for the respondent with the respondent in person. +C.M.NO.20934/2010 in MAT.APP.83/2010 * By this joint apphcation moved under Section CPC, the parties seek cancellation of decree of divorce dated

30.01.2010 passed by the learned trial court. Along with the joint application, the parties have also placed on record the compromise deed dated

15.11.2010 duly signed by both the parties. The appellant is present in person while respondent is present along with his counsel. Both the parties have stated that they are now living together as husband and wife since

25.10.2010 and they are duly performing their matrimonial obligations towards each other. Both the parties have agreed not to file any sort of case against each other. The appellant, present in person, states that she has already withdrawn the two cases filed by her; one under Section 125 Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. & Cr.P.C. other under Section of Protection of Women from Domestic Violence Act. Both the parties have also prayed that in view of said settlement arrived at between them, the decree of divorce granted by the learned trial court vide order dated 30.01.2010 may be set aside. In the present appeal filed under Section 28 of the Hindu Marriage Act, 1958, the appellant seeks to set aside the impugned judgment and decree dated 30.01.2010 passed by the Court of Shri Virender Bhat, Ld. ADJ, Delhi in HMA Case No.328/07 whereby the marriage between the parties was dissolved by a decree of divorce under Section 13(1) (ia) of the Hindu Marriage Act on the ground of cruelty. During the pendency of the present appeal in this Court, both the parties had agreed to finally resolve their inter se disputes amicably. In the joint apphcation along with the compromise deed filed by the parties, they have stated that they are now living together as husband and wife since

25.10.2010 and they are duly performing their matrimonial obligations towards each other. Pursuant to said compromise deed, the appellant has also withdrawn two cases filed by her; one under Section 125 Cr.P.C. and the other under Section 12 of Protection of Women from Domestic Violence Act. Both the parties have also agreed that they will trust each other and will not take any step to file any other case against each other in future. In light of the aforesaid development, appellant is permitted to withdraw the present appeal. The same is accordingly dismissed as withdrawn. Since both the parties have started living together as husband and wife, therefore, the decree of divorce granted by the learned trial court in favour of the respondent vide order dated 30.01.2010 has become infructuous. The same is accordingly dismissed. Both the parties shall remain bound by their undertakings the terms of the compromise deed and shall not violate the same in any manner whatsoever. Application stands disposed of in terms of the above order. November 23, 2010 dc KAILAiSH GAMBHIR, J -k\.Q PS V" d Xi" '-'•M'-iK CM "/a aI-'J/9^-