FAO No. M-200 of 2008 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH FAO No. M-200 of 2008 (O&M) Date of Decision : 27.7.2009 Nisha .......... Appellant Versus Pawan Kumar ...... Respondent CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. R.S. Tacoria, Advocate for the appellant. Mr. Ajit Sihag, Advocate for the respondent. **** VINOD K. SHARMA, J. (ORAL) C.M. No. 17081-CII of 2009 This application under Section 151 of the Code of Civil Procedure has been moved for placing on record the compromise entered into between the parties. For the reasons stated in the application, C.M. is allowed. Compromise deed is taken on record as Ex. “A”. FAO No. M-200 of 2008 The wife / appellant invoked the jurisdiction of this Court to challenge the judgment and decree passed by the learned District Judge, Hisar allowing a petition filed under Section 13 of the Hindu Marriage Act seeking decree of divorce by mutual consent. FAO No. M-200 of 2008 2 The decree by way of mutual consent was challenged on the ground that the consent of the appellant was taken by fraud, therefore, the decree could not be sustained in law. During the pendency of the appeal, the parties have entered into compromise. The compromise reads as under :- “ Nisha wife of Pawan Kumar and daughter of Ram Kumar, resident of village Hamirgarh, Tehsil Narwana, District Jind, hereinafter called the first party. Pawan Kumar s/o Abey Ram r/o House No. 140, Shiv Nagar Ganguwa Road, Hisar hereinafter called second party. The first party had challenged the judgment dated 20.2.2008 under section 13-B of Hindu Marriage Act passed by Sh. S.S. Lamba, District Judge Hisar in this Hon'ble High Court by filing FAO No. 200-M of 2008 (Nisha Vs. Pawan Kumar ) which is pending for hearing on 27.7.2009. Now with the intervention of the relatives and friends, the matter has been compromised and both the parties want to live together as wife and husband. The second party is ready to take the first party back in his house as wife and has no objection if the judgment dated 20.2.2008 under section 13-B of the Hindu Marriage Act, passed by ld. S.S. Lamba, District Judge, Hisar, is set aside by this Hon'ble Court. That first party is ready to live with second party as wife. FAO No. M-200 of 2008 3 Both the parties agree that there will be no dispute regarding their matrimonial relations in future.” The copy of the compromise has also been taken on record as Ex. “A”. In view of the compromise, referred to above, this appeal is allowed and the judgment and decree passed by the learned District Judge, Hisar is set aside and the petition filed under Section 13-B of the Hindu Marriage Act jointly by the parties is ordered to be dismissed. 27.7.2009 ( VINOD K. SHARMA ) 'sp' JUDGE