2025:UHC:5096-DB SL. No. Date Office Notes, reports, orders or proceeding s or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS AO 338/2023 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. Mr. Pramod Bailwal, Advocate, for the appellant. Mr. Shivanand Bhatt, Advocate, for the respondent. (2) There is delay of 51 days in filing this appeal. Prayer for condonation of delay is not opposed. Accordingly, for the reasons indicated in delay condonation application (IA/1/2023), the same is allowed. Delay is condoned. (3) This appeal, under Section 19 of Family Courts Act, is directed against order dated 1.6.2023, passed by Additional Judge, Family Court, Rishikesh, Dehradun in Misc. Application No. 18/2022. By the said order, application under Order 9 Rule 13 CPC, filed by appellant for setting aside ex parte decree of divorce, has been rejected. (4) Earlier, appellant had filed withdrawal application (IA/4/2025), in which she had made a prayer to permit her to withdraw this appeal in view of the settlement arrived at between the parties. In para 9 of the affidavit, filed along with said withdrawal application, it was mentioned that parties are now living together peacefully and happily along with their child Anshuman and now there is no dispute left between the parties. (5) Now, another application, which is numbered as IA/5/2025, has been filed by the parties and the same is supported by affidavit of both appellant and respondent. A 2025:UHC:5096-DB compromise deed, which is styled as Agreement, is enclosed as Annexure-1 to the said application. (6) Mr. Pramod Bailwal, learned Counsel for the appellant, submits that since parties have arrived at a settlement and now they are living together peacefully, therefore, impugned order dated 1.6.2023, passed by Additional Judge, Family Court, Rishikesh be set aside and the appeal be decided in terms of the compromise. (7) Mr. Shivanand Bhatt, learned Counsel for the respondent, also submits that since parties have resolved the dispute amicably and they have decided to start life afresh along with their child, therefore, with a view to bring peace and harmony, impugned order dated 1.6.2023 deserves to be set aside. (8) Appellant and respondent, duly identified by their respective Counsel, are physically present in the Court. Respondent submitted that he has decided to start life afresh and now they are living together as husband and wife, therefore appeal be allowed and the order impugned in this appeal be set aside. Appellant also submitted that she is living happily with the respondent and she also prayed that the impugned order dated 1.6.2023 be set aside. (9) For the aforesaid facts and reasons and also with a view to save the family, we allow the appeal, set aside the impugned order dated 1.6.2023 and remit the matter to Court below. Application under Order 9 Rule 13 CPC is restored on the file of Additional Judge, Family Court, Rishikesh with a request to decide the same at an early date. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 18.06.2025 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.06.18 18:38:24 +05'30' 2025:UHC:5096-DB