Jaipur: Rajasthan High Court has set aside a divorce decree and restored the marriage of a Hanumangarh couple after they voluntarily reconciled during the pendency of their appeal.A Division Bench of Justice Sameer Jain and Justice Uma Shanker Vyas of the principal seat at Jodhpur in its judgement on Sept 15 observed that “matrimonial litigation should not become an irreversible barrier when parties themselves, after due consideration, have found a path towards reconciliation”.The matter concerned Saraswati and Amit, whose marriage was solemnised on Oct 23, 2015. The couple had challenged the family court’s judgement and decree dated Nov 30, 2024, dissolving their marriage under Section 13(1)(ia) of the Hindu Marriage Act, 1955.During the pendency of the appeal, the dispute was referred to the mediation centre on Jan 29. The mediation, however, did not result in a settlement.During the high court proceedings, discussions between the couple, along with the court’s persuasion, led to a mutual settlement. The court noted that both parties appeared personally and stated that they had voluntarily decided to end their differences and restore their matrimonial relationship.The welfare and future of their minor daughter were also a key consideration before the bench. The couple expressed their desire to rebuild their family life and provide their daughter with the care, affection, companionship and emotional security of both parents.The bench observed that “the law should, wherever permissible, facilitate peace and restoration when spouses freely choose to resume their relationship”.The court accordingly set aside the Nov 30, 2024, divorce decree and restored the marriage solemnised on Oct 23, 2015, as if the divorce decree had not intervened.
