JUDGMENT

Hon'ble V.K. Bist, J.

Present appeal is directed against the judgment and order dated 16.08.2017 passed by Judge Family Court Haridwar, whereby the learned Judge Family Court, Haridwar has dismissed the joint petition filed by the parties, under Section 13-B of the Hindu Marriage Act, 1955 (herein after referred as the Act) seeking divorce by mutual consent.

2. Factual matrix of the case is that appellant and respondent who are husband and wife they filed a joint petition under Section 13-B of the Act, seeking decree of divorce by mutual consent, on the ground that they are living separately more than a year and there are no chance of continuance of their marriage life.

3. After filing the divorce petition by mutual consent the respondent wife made an application that her consent had been taken under duress. The learned Judge Family Court by impugned judgment and order dated 16.08.2017 was pleased to dismiss the petition on withdrawal of consent by respondent.

4. During the pendency of appeal the parties were directed to appear before the Court for amicable settlement/mediation. The matter was listed on 13.04.2018, the parties agreed to live together this Court passed the following order:

“In sequel to the efforts made by this Court, learned Advocates for both sides and with the persistent intervention of Mr. Anand Kamal Mishra, the parties have decided to live together initially for a period of two months with certain reservations. There were bound to be certain reservations. The parties were livingly separately for a considerable time. However, we hope and trust that the parties henceforth would live happily and merrily.

2. Certain apprehensions and reservations have been made by both the parties. However, we are of the considered opinion that since the parties are turning a new life, they would forget the past. But still, in order to allay the fears of both the parties, we impress upon them to give mutual respect to each other as well as to their parents.

3. Besides being Judges, we, as elderly persons, and request Sudha Pandey-respondent to make all out efforts to save the marriage by giving respect to the husband (appellant) and his parents which they richly deserve.

4. We direct the respondent-Sudha Pandey not to use any intemperate language which may hurt the feelings of husband and his elderly parents.

5. We ask both the parties to live together with positive state of mind. We direct the respondent not to hurt the feelings of the husband and his parents. We hope and trust, henceforth, that the couple would live together happily and would contribute to the society being educated persons.

6. Having said so, we have put heavy burden on the respondent but we expect the same from the husband. The appellant would show due respect towards his wife to save the marriage. The parties are advised to go together to Bombay.

7. In view of this happy development, the matter is adjourned for two months. The parties are directed to remain in-person with positive mind on the next date fixed.

8. We sincerely place on record our appreciation for the learned Advocates appearing for the parties who have made an extra-ordinary effort to save the marriage.

9. We are thankful of the timely intervention of Mr. Anand Kamal Mishra to save the marriage. 10. List this case on 25.06.2018."

5. The appeal was listed on 25.06.2018 the counsel for the parties informed this Court that the appellant and respondent are living together and requested that the matter listed on 10..09.2018, so the parties may consider whether they can continue their married life or not?

6. Pursuant to the order dated 25.06.2018 the appeal is listed. Mr. Bhuwnesh Joshi, learned counsel for the appellant seeks adjournment. Per contra Mr. Bhupesh Kandpal, learned counsel for the respondent made a statement at bar, that now the appellant as well as respondent are living together happily, therefore, the appeal be dismissed as infructuous.

7. Learned counsel for the appellan