FAO No. M-254 of 2007 -1- In the High Court of Punjab & Haryana at Chandigarh FAO No. M-254 of 2007 (O&M) Date of decision : 28.2.2011 Jagdish ..... Appellant vs Nirmla Devi ..... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. N. K. Joshi, Advocate, for the appellant. Mr. H. N. Mehtani, Advocate, for the respondent. Rajesh Bindal J. Challenge in the present appeal is to the judgment and decree dated 17.9.2007 of the learned court below whereby petition filed by the appellant husband under Section 13 of the Hindu Marriage Act, 1955 (for short, “the Act”), for dissolution of marriage, was dismissed. During the pendency of the appeal before this court the matter was compromised on 15.12.2010 and the parties decided to live together. On 15.12.2010 while adjourning the case for today, this court passed the following order:- “Both the parties are present in person in court. It has been agreed upon between them that burring the previous differences, both will start their life afresh. The appellant submitted that he will bring his wife along with child to their matrimonial home and live peacefully. The wife also consented that she is ready and willing to accompany the husband along with the child to their matrimonial home. It has been agreed that on 26.12.2010, the husband shall reach to the house of one Baljit Singh at Dadri, where the wife along with son and her brother will come. The wife and son will accompany the appellant-husband to their matrimonial home. FAO No. M-254 of 2007 -2- The husband, who is a teacher, is presently posted in Nuh (Mewat). He is living in a rented accommodation there. The parties will live in that accommodation or any other accommodation taken by them, which may be found to be suitable. To see as to whether the parties have reconciled and are living peacefully, the matter is adjourned to 28.2.2011. It was also understood between the parties that since all the differences are being burried, the criminal proceedings initiated by the wife shall be kept in abeyance till such time they are satisfied that now they have re-united happily. The wife had got one FIR registered bearing No. 70 dated 16.3.2003 and also filed a criminal case No. 144-C/24.4.2003. Both the aforesaid cases are pending in the court of Judicial Magistrate, Charkhi Dadri. Considering the fact that the parties are making an effort to reconcile and live together in their matrimonial home, the proceedings in the aforesaid cases shall be kept in abeyance till further direction by this court. Even the presence of the parties will not be pressed.” Today both the parties were present in person in court. They have been identified by their respective counsels. In terms of the settlement, the wife has also made statement before this court today regarding withdrawal of cases filed by her against the husband and his family members, which is extracted as under:- “After the settlement of dispute on the previous date of hearing i.e. 15.12.2010 parties had decided to live together. Now we are residing together ever since then. All the disputes have been resolved. There had been no problem in the matrimonial life in the last two months. In view of this development, the husband stated that he may be permitted to withdraw the present appeal. The wife FAO No. M-254 of 2007 -3- stated that the criminal complaint bearing No. 144-C dated 24.04.2003 pending in the court of Judicial Magistrate First Class, Charkhi Dadri filed by her against the husband and his family members may be treated as withdrawn. There is one FIR No. 70 dated 16.03.2003 got registered by the wife against the husband and his family members. The wife will have no objection to the quashing thereof on the basis of compromise, as the parties are living together. It has further been agreed by both the parties that any other proceedings initiated by either of the parties against each other or their family members on account of matrimonial dispute, shall be withdrawn.” The appellant, who is present in person, submitted that he does not want to pursue the present appeal and the same be dismissed as withdrawn in view of compromise between the parties. In view of the above, the appeal filed by the appellant is dismissed as withdrawn. Copy of the order be sent to the learned Judicial Magistrate 1st Class, Charkhi Dadri, to dispose of the complaint referred to in the statement of the respondent as withdrawn. 28.2.2011 (Rajesh Bindal) vs Judge