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2026 DAILYLAW 5029 (UTT)

LAXMI BISHT v. PRADEEP KUMAR

FA/19/2026 · 2026-05-07

Manoj Kumar Tiwari, Pankaj Purohit

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:UHC:3498-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS FA/ 1 9 / 2 0 2 6 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Pankaj Purohit, J. Mr. Shubhr Rastogi, Advocate holding brief of Mr. Mukesh Singh Rawat, Advocate for the petitioner. Ms. Chitra Joshi, Advocate with Mr. Anand Singh, Advocate for the respondent. 2. There is delay of 238 days in filing this appeal. Ms. Chitra Joshi, learned counsel appearing for respondent submits that she has no objection, if prayer for condonation of delay is allowed. 3. For the reasons indicated, delay of 238 days in filing the appeal is condoned. Delay Condonation Application (IA/1/2026) stands disposed of. 4. Admit the appeal. 5. Learned counsels for the parties submit that parties have entered into a settlement, and they are now living happily together as husband and wife for the last six months. 6. Both the parties are present in Court, who are identified by their respective counsels. 7. Mr. Pradeep Kumar, respondent in this appeal submits that some differences had arisen between the parties; however, now they have resolved all the disputes and differences, and they are now happily living together. He submits that ex parte decree passed by learned Judge, Family Court, Chamoli (Gopeshwar) deserves to be set aside. Smt. Laxmi Bisht, appellant also made similar prayer. 2026:UHC:3498-DB 8. Learned counsels for the parties have drawn our attention to the separate affidavit filed by appellant as well as respondent. 9. Since contents of both the affidavit are verbatim the same, therefore, averments made in para 3 to 7, filed by Pradeep Kumar, respondent are being extracted below: “3. That now, with the intervention of family members and well-wishers, the parties have amicably resolved their disputes. 4. That both parties are living together as husband and wife and have resumed cohabitation, now the wife as well as the husband in terms of the compromise taken place between both of them, doesn’t want to press the decree of divorce and the present appeal. 5. That no dispute or grievance now survives between the parties. 6. That both parties jointly pray that the decree of divorce dated 24.05.2025 be set aside, in the interest of justice. 7. That this affidavit is being filed voluntarily, without any force, pressure, or coercion.” 10. Since the dispute between the parties has now been resolved, and they have decided to live together as husband and wife, and also in view of the oral prayer made by learned counsels for the parties and also the parties who are physically present in Court, we set aside the ex parte decree of divorce impugned in this appeal. 11. Accordingly, the appeal is disposed of in the aforesaid terms. (Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 07.05.2026 Mahinder/