Recognition of compromise agreement and willingness to resume cohabitation as grounds for withdrawal and dismissal of the appeal

JUDGMENT

Raghvendra Singh Chauhan, CJ. - Both the parties have filed their respective affidavits today in the Court. They shall be taken on record.

2. Both the appellant, Mr. Sachin Kalra, and the respondent, Mrs. Meenakshi, are present before this Court. They have submitted their Adhar Cards in order to establish their identity. They have also been identified by their respective counsel. According to both the both the parties, they got married on 06.07.2011 according to the Hindu rites and customs.

On 06.04.2012, they were blessed with a son. However, as disputes arose between the couple, they started living separately. The son continues to live with the respondent-wife. Due to the disputes having arisen between the parties, the appellant filed a divorce petition before the Additional Judge, Family Court, Roorkee. However, by the judgment and decree dated 08.04.2019, the said suit was dismissed. Hence, the present Appeal before this Court.

3. Both the parties are ad idem that during the pendency of the present Appeal, they have resolved their disputes, and have entered into a compromise.

4. The terms of the Compromise are as under:-

(1) That the second party will keep the first party with love and will not trouble and harass in any manner.

(2) That the second party will neither use any abusive language / behave in an indecent way of any kind with the first party, nor permit his parents or others to do so, and the first party will also respect the second party and his parents and the other family members, and will not misbehave with anyone.

(3) That whatever cases the first party and the second party have filed against each other in all the competent Courts, which are pending, the same shall be brought to an end by assisting each other on the basis of the Compromise.

(4) That this agreement has been written today in the presence of the witnesses / concerned persons, so that there be evidence and can be used when there is a need.

5. Both the parties inform this Court that they are willing to resume their cohabitation in their matrimonial home. Therefore, the respondent shall join the husband along with the child. Moreover, both the parties have already agreed to amicably end the other litigations, which are pending between them.

6. The learned counsel for the appellant seeks permission to withdraw this appeal.

7. Therefore, this appeal is, hereby, dismissed as withdrawn.

8. In sequel thereto, pending application, if any, also stands disposed of.

9. No order as to costs.