Rajive Bhalla, J. - (1.) The appellant- Mukesh Kumar, has filed this appeal, challenging order dated 12.05.2010, passed by the District Judge, Family Court, Bhiwani, dismissing his petition for dissolution of marriage.
(2.) During pendency of the appeal and with the able assistance of counsel for the parties, Mukesh Kumar and her wife Anita, have compromised the matter and filed separate affidavits, dated 20.04.2012, which are taken on record as Mark-'A' and Mark-'B', respectively. The affidavit filed by Mukesh son of Rajinder Kumar, resident of House No.138/5, Sirsa Road, Opposite Birla Cotton Factory, Tehsil and District, Fatehabad, now resident of Khairthal, Tehsil Kishangarh Bass, District Alwar, reads as follows:- "1. That the deponent had filed the present appeal against the judgment and decree dated 12.05.2010 whereby the Ld. D.J. (Family Court) had dismissed the petition under Section 13 of H.M. Act. 2. That the parties to marriage i.e. Appellant and respondent have now amicably compromised the matter and appellant is ready to cohabit with the respondent at his place of business and residence at Kairthal, Tehsil Kishangarh Bass, District Alwar. 3. That the respondent has agreed to withdraw all the pending litigation against the appellant including petition under section 125 Criminal Procedure Code. The respondent has agreed to a compromise for quashing of FIR No.158 dated 29.6.2007, Police Station Sadar Dadri, under Section 498-A, 406, 506, 34 Indian Penal Code with all consequential proceedings arising therefrom. 4. That the appellant shall also withdraw the Criminal Revision No.2405 of 2010 pending before Hon'ble High Court against order of maintenance under Section 125 Criminal Procedure Code. 5. That respondent Anita has agreed that she will not interfere in the life parents of appellant and other family member of appellant and she shall not have any concern with the family temple at Geeta Colony-Fatehabad and shall vacate the same. 6. That respondent has also apolozied for her conduct and mistakes in the past and shall not repeat the same and shall stay with the matrimonial home of the appellant at Khairthal, Tehsil Kishangarh, Distt. Alwar. CHANDIGARH DATED: 20.04.2012 Sd/- Mukesh(English) DEPONENT
(3.) The affidavit filed by Anita w/o Mukesh Daughter of Krishan Kumar R/o Village Fatehgarh, Tehsil Charkhi Dadti, District Bhiwani, reads as follows:- "1. That the appellant Mukesh had filed the present appeal against the judgment and decree dated 12.05.2010 whereby the Ld. D.J.(Family Court) had dismissed the petition under Section 13 of H.M. Act. 2. That the parties to marriage i.e. appellant and respondent have now amicably compromised the matter and Deponent/Respondent is ready to cohabit with the Appellant at his place of business and residence at Khairthal, Tehsil Kishangarh Bass, District Alwar. 3. That the deponent has agreed to withdraw all the pending litigation against the appellant including petition U/s 125 Criminal Procedure Code the Deponent/Respondent has agreed to a compromise for quashing of FIR No.158 dated 29.06.2007, Police Station Sadar Dadri, under Section 498-A, 406, 506, 34 Indian Penal Code with all consequential proceedings arising therefrom and shall make statement to this effect before the Courts of law. 4. That the appellant husband shall also withdraw the Criminal Revision No.2405 of 2010 pending before Hon'ble High Court against order of maintenance under Section 125 Criminal Procedure Code. 5. That deponent/respondent Anita agree to not to interfere in the life of parents of appellant and other family members of appellant husband and she shall not have any concern with the family temple at Geeta Colony-Fatehabad and shall vacate the same. 6. That Deponent/Respondent has also apologised for her conduct and mistakes in the past and shall not repeat the same and shall stay with the matrimonial home of the appellant at Khairthal, Tehsil Kishangarh, District Alwar. Chandigarh Dated:20.04.2012 Sd/-Anita (English) Deponent";