JUDGEMENT
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(1.) Counsels present with the parties in pursuance of the
directions of this Court dated 3.11.2009. After reconciliation talks
held with the parties, the parties have started to live together.
(2.) Both the parties present in Court today submit that they
are living happily together and now want to end their matrimonial
dispute together and, therefore, pending cases in various courts, the
details of which are given below, may be decided in terms of the
compromise:-
(i) Divorce Petition No.259/2007 - Rajendra Vs. Usha
pending before Family Court, Udaipur.
(ii) Cr. Original Case No.376/2007 - State Vs.
Rajendra pending before ACJM, Shri Madhopur
(Sikar).
(iii) Usha Vs. Rajendra, pending before ACJM Shri
Madhopur (Sikar under Sec.190 Cr.P.C.
(3.) Accordingly, this transfer application as well as the
pending cases, the list of which is given aforesaid, are treated as
disposed of in terms of mutual compromise between the parties. The
terms agreed between the parties on 3.11.2009 before this Court are
reproduced hereunder again:-
"1. The respondent husband - Mr. Rajendra
Kumar and his father Mr.Ganga Ram will visit the
petitioner-wife's place of residence and petitionerwife
on being assured would go back to her
matrimonial home along with the child Asu aged
about 9 years born out of this wedlock at Udaipur
with them.
2. Along with the petitioner-wife and child, for
the safety and security, for the time being, her
brother Arvind may also accompany them to her
matrimonial home and be permitted to reside there
at least for a week.
3. The respondent husband and his family
members, father and mother being present in the
Court, who have marked their presence in
acceptance of these terms, have assured this Court
that they will not indulge in any act of physical
violence or abusive language towards the
petitioner wife and would try to keep her in
matrimonial home with all possible love, affection
and respect.
Any complaint received in writing from
petitioner wife would be viewed seriously by this
Court and may result in serious consequence for
the respondent husband and other family members.
No court subordinate to this Court
exercising civil or criminal jurisdiction including
Family Court will entertain any proceedings,
application in regard to this matrimonial dispute
henceforth so long as this transfer application is
pending in this court. If the respondent husband
has any genuine grievance from the behaviour of
petitioner wife during this family reunion, he is
also at liberty to move appropriate application in
writing along with his affidavit and evidence
before this court.
It is expected from the parties to live
peacefully and in good harmony in their
matrimonial home as they are qualified and
educated persons and are in Government service,
particularly for the benefit of a young child Asu,
born out of this wedlock.
The Court expresses its satisfaction for the
reconciliation talks held through good offices of
the counsels and hope that parties will life happily
and harmoniously. ";
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