IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.802 of 2010 SEEMA DEVI D/O SRI LAL BAHADUR SAH RESIDENT OF VILLAGE DAINMARAWA,P.S.RAMNAGAR, DISTRICT WEST CHAMPARAN ------ APPELLANT Versus 1. MAHESH KUMAR S/0 SRI VISHWANATH PRASAD RESIDENT OF MOHALLAH PURANI GUDARI,P.O.BETTIAH, P.S.BETTIAH TOWN,DISTRICT WEST CHAMPARAN 2. SONAUR MIAN S/0 BHOLA MIAN, RESIDENT OF MAUJA DENAMRAWA,P.S.RAMNAGAR, P.O.RAMNAGAR,DISTRICT WEST CHAMPARAN --- RESPONDENTS ------ For the appellant : Mr.Sanjeev Kumar No.1 For the respondents : M/s Uday Pratap Singh and Shyamal Prakash ------- 04/ 22.04.2011 Heard learned counsel for the parties on the limitation petition and on the merit of the case. I.A.No.8732 of 2010 is the limitation petition which has been filed for condoning the delay in filing this appeal. After hearing the parties on the same which has not been opposed by the other side, the delay in filing this appeal is condoned. I.A.No. 8732 of 2010 thus stands allowed. This appeal has been filed against the judgment dated 23.11.2009 and decree dated 10.12.2009 passed by Sri Nawneet Kumar Pandey, Principal Judge, Family Court, Bettiah, West Champaran in Divorce Suit No. 154 of 2007 whereby the marriage of appellant with respondent no.1 has been dissolved. Appellant Seema Devi was opposite party no.1 before the court below in divorce suit. 2 Divorce Suit was filed by opposite party no.1 Mahesh Kumar under Section 13 of the Hindu Marriage Act which was contested and after considering the pleas and evidences on record, the marriage was dissolved. Now the situation has turned a lot and this Court has been happily informed that the parties once again started afresh and they are living happily together. This fact has been brought by way of submissions on behalf of both the parties as well as in the petition filed under Section 19(1) of the Family Court Act, 1984. In the petition, appellant Seema Devi has stated that a panchayati was organized in the midst of divorce proceeding and thereafter she left taking interest in the suit. In terms of the panchayati both sides established physical relationship and a male child was born out of their wedlock but meanwhile, the impugned judgment and decree was passed. Now both the parties have assailed the judgment and decree as they want that they may be given a new lease of life. In fact, they have started living together and the judgment and decree of the court below have become nonest and it has become redundant in view of submissions of the parties. Learned counsel appearing for both the sides submit that the matter should not be prolonged because both parties have harassed and 3 they have established their relationship as husband and wife and both parties prayed that the judgment and decree of divorce may be set aside in view of subsequent and important development. In view of submissions of the parties and also in view of the fact that the parties have amicably settled their matrimonial dispute and they have started living together as husband and wife and this new relationship has given birth to a son, we are inclined to set aside the judgment and decree passed by the court below. Accordingly, the judgment and decree under appeal are set aside. This appeal, thus, stands disposed of. Tahir/- ( Shyam Kishore Sharma, J. ) ( Gopal Prasad, J.)