S.B.Civil Misc. Appeal No.503/08
Sukhdeo
vs.
Smt. Nandu Devi
1
S.B.Civil Misc. Appeal No.503/08
Sukhdeo vs. Smt. Nandu Devi.
Date of Order: 19.12.2008.
PRESENT
HON'BLE MR. PRAKASH TATIA, J.
Mr. Ramesh Purohit for the appellant.
Mr. Sachin Acharya for the respondent.
The appellant-husband preferred appeal to challenge
the judgment and decree passed by the court of District
Judge, Bhilwara dated 11.3.2008 by which the appellant’s
Divorce Petition No.26/2007 was dismissed by the trial court.
Before this Court, both the parties, the appellant and
the respondent, submitted compromise and submitted that
because of the dispute between the parties, they are living
separate since last 3-4 years and inspite of efforts made by
the members of the community, the dispute has not been
resolved between the parties. Both the parties agreed to
separate and obtain the divorce decree. It is submitted that
the respondent has already took away her all stridhan and no
claim of the respondent is against the appellant.
Since there are serious allegations levelled by the
appellant against the respondent and he gave his statement.
However, those statements have not been relied upon by the
trial court but it is not in dispute that both the parties are
S.B.Civil Misc. Appeal No.503/08
Sukhdeo
vs.
Smt. Nandu Devi
2
living separate since last more than 3-4 years and inspite of
efforts, they could not reconcile, therefore, in view of the
compromise between the parties, the appeal is allowed. The
judgment and decree passed by the trial court dated
11.3.2008 is set aside. The divorce petition is allowed on the
basis of the compromise between the parties and the marriage
of the appellant and respondent is dissolved from today.
(PRAKASH TATIA),J.
mlt