1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER 1. S.B.CIVIL MISC. APPEAL NO.1722/2004. Smt.Chameli. VERSUS Ramkesh. under Section 28 of the H.M.Act, 1955 against the judgment and decree dated 11.11.2003 whereby the application filed by the appellant under Section 13 of the H.M.Act, 1955 was rejected. 2. S.B.CIVIL MISC. APPEAL NO.859/2003. Chameli. VERSUS Ramkesh. under Section 28 of the H.M.Act, 1955 against the judgment and decree dated 10.04.2002 whereby the application filed by the respondent under Section 9 of the H.M.Act, 1955 was allowed. 3. S.B.CIVIL WRIT PETITION NO.1954/2005. Ramkesh. VERSUS Smt.Chameli & Another. under Article 226 and 227 of the Constitution of India and against the recovery proceedings initiated against the petitioner for maintenance pendente lite. 30.04.2008. HON'BLE MR.JUSTICE DALIP SINGH Mr.Prashant Chahar, for the wife Smt.Chameli. Mr.Anurag Sharma, for the husband Ramkesh. ***** These three cases are being disposed of by this common order in view of the application under Section 151 bearing No.12612 dated 30.04.2008 filed jointly by the parties praying therein that the said application may be allowed and the proceedings pending before this court be converted into one under Section 13-B of the Hindu Marriage Act, 1955 and the same be disposed of as such. 2 The aforesaid application is duly supported by the affidavits of Smt.Chameli, the wife and Ramkesh, the husband. The said application was sent to the Deputy Registrar (Judicial) where both the parties were identified by their respective counsels and have jointly admitted to the compromise which has been verified by the Deputy Registrar (Judicial). Another application has been filed jointly by both the parties under Section 13-B of the Hindu Marriage Act, 1955. The said application is supported by the affidavit of Smt.Chameli and Ramkesh. Along with the said application, a compromise deed has also been filed which is duly signed by the parties, who have been identified by their respective counsels. In view of the compromise application which has been filed wherein both the parties have admitted that they have been living separately since June, 2000 and even sometime prior to that and there has been no cohabitation between the parties ever since. The wife Smt.Chameli had challenged the decree for restitution of conjugal rights dated 10.04.2002 pass in favour of the husband Ramkesh in S.B.Civil Misc. Appeal No.859/2003 in Civil Suit No.127/2000. At the same time, the wife Smt.Chameli has also challenged the decree dismissing the petition for divorce filed by the wife Smt.Chameli vide judgment and decree dated 11.11.2003 in S.B.Civil Misc. Appeal No.1722/2004. The husband Ramkesh had preferred the S.B.Civil Writ Petition 3 No.1954/2005 for quashing of the order and the execution proceedings arising out of the order dated 20.03.2002 for payment of maintenance pendente lite. In view of the compromise application, the appeals No.1722/2004, 859/2003 and the Civil Writ Petition No.1954/2005 are disposed of and the decree in terms of the Section 13-B of the Hindu Marriage Act, 1955 dissolving the marriage between the parties Chameli and Ramkesh is ordered to be passed incorporating the terms of the compromise which has been filed along with the said application. The application No.12612 dated 30.04.2008 and the application filed under Section 13-B of the Hindu Marriage Act in the Appeal No.1722/2004; the stay application filed along with the Writ Petition No.1954/2005; and the application under Section 5 of the Limitation Act filed along with the Civil Misc. Appeal No.859/2003 also stand disposed of. The parties would be at liberty to file a copy of the aforesaid compromise application before the learned courts below where the criminal trial against the accused is going on. It is ordered that keeping in view the principles laid down by the Hon'ble Supreme Court in the case of B.S.Joshi and Others Vs. State of Haryana and Another reported in (2003) 4 SCC 675 and with a view to do complete justice between the parties and securing the ends of justice in the light of the facts which have come on record by way of the applications, the proceedings against the accused in the 4 criminal case under Section 498-A and 406 I.P.C. shall stand consigned to record. (DALIP SINGH),J. Sol anki DS, Jr.P.A.