SARASWATI vs AMIT

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HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
D.B. Civil Miscellaneous Appeal No. 3400/2024
CNR: RJHC011008202024 | URN: CMA / 8674U / 2024
Saraswati W/o Amit, Aged About 38 Years, R/o Ward No. 02,
(Amit Kirana Store), Iti Basti, Hanumangarh Junction Tehsil And
Dist. Hanumangarh
----Appellant
Versus
Amit S/o Rampratap, R/o House No. 370, Sector No. 12/5,
Hanumangarh Junction Tehsil And Dist. Hanumangarh
----Respondent
For Appellant(s) : Mr. Rakesh Matoria
Ms. Tamanna Trivedi
For Respondent(s) : Mr. Durgesh Khatri
HON'BLE MR. JUSTICE UMA SHANKER VYAS
HON'BLE MR. JUSTICE SAMEER JAIN
JUDGMENT
REPORTABLE
15/09/2026
Per Hon’ble Justice Sameer Jain
“Marriage, in the Hindu mythology has never been regarded
as a mere contract between two individuals; it is a sacred
sacrament, a sanskara, in which two souls undertake to walk
together through the journey of life. Our ancient traditions have
beautifully symbolised this eternal companionship through Shiva
and Parvati, whose relationship represents not merely love, but
the harmony of two complementary forces, Shiva-Shakti. Their
union reminds us that even after periods of separation and
penance, the bond of love and companionship can find its way
back to togetherness.
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Life, however, is not bereft of storms, and a matrimonial
relationship too may pass through moments of discord, hurt and
misunderstanding. Yet, where the parties themselves have found
the wisdom to rise above their differences and the courage to
reconcile, it is never too late to mend their ways, heal the wounds
of the past and begin afresh. The story of Nala and Damayanti
from the time of Mahabharata epic too bears testimony to the
enduring strength of matrimonial commitment. Their lives were
not untouched by adversity; circumstances separated them and
tested the very foundations of their relationship, yet their love and
faith ultimately brought them together again. Such timeless
narratives remind us that a temporary separation need not
become a permanent end where the hearts of the parties still seek
reunion.
After all, reconciliation is not a surrender to the past; it is a
conscious choice to give the future another chance. Where two
persons, after traversing the difficult path of discord,
voluntarily choose to walk together once again, the law
should, wherever permissible, facilitate that journey
towards peace and restoration.”
1. Both the parties have personally marked their presence
before this Court and have been duly identified by their respective
learned counsel.
2. Learned counsel appearing for the parties have
submitted that the present appeal has been preferred under
Section 28 of the Hindu Marriage Act, 1955 read with Section 19
of the Family Courts Act, 1984, assailing the judgment and decree
dated 30.11.2024, whereby the divorce petition preferred by the
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respondent-husband under Section 13(1)(ia) of the Hindu
Marriage Act, 1955 was allowed and the marriage solemnized
between the parties on 23.10.2015 was dissolved.
3. It is borne out from the record that, during the
pendency of the present proceedings, the matter was referred to
the Mediation Centre on 29.01.2026. However, the mediation
proceedings could not culminate in a settlement and were
accordingly unsuccessful. Nevertheless, the efforts towards
reconciliation did not come to an end there. During the course of
proceedings before this Court, upon persuasion by the Court and
through mutual discussions between the husband and wife, the
parties have themselves arrived at a mutual understanding and
have settled their disputes.
4. The parties present in person have jointly submitted
that having reconsidered the disputes which had arisen between
them, they have now consciously decided to put an end to their
differences and restore their matrimonial relationship. The parties
have further submitted that their decision is being taken
voluntarily, with full understanding of its consequences, and
without any coercion, undue influence or pressure from any
quarter. The parties have particularly placed emphasis upon the
welfare and future of their minor daughter. They have expressed
their desire that, instead of allowing their past disputes to
continue to govern their future, they may rebuild their family life
together and provide to their minor child the affection, care,
companionship and emotional security of both her parents. In the
backdrop of the aforesaid development, the respective sides have
jointly prayed that the decree of divorce dated 30.11.2024 be set
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aside and the matrimonial relationship between the parties be
restored.
5. Learned counsel for the parties have placed reliance
upon the judgment rendered by a Co-ordinate Bench of this Court
in Kamlesh Devi Vs. Vijay Kumar Soni, D.B. Civil Misc.
Appeal No.2534/2019, decided on 28.09.2020, and have
submitted that, in view of the subsequent settlement arrived at
between the parties and their unequivocal consent to resume their
matrimonial life, the decree of divorce may be set aside and the
marriage may be restored.
6. This Court has given its thoughtful consideration to the
submissions made by the learned counsel for the parties and has
also interacted with the parties who are present in person before
the Court.
7. At the outset, it is stoutly opined that the welfare of a
child is best served when differences between the parents are
replaced by understanding, responsibility and mutual respect.
Matrimonial disputes, though at times deeply personal and
emotionally charged, ought not to become an irreversible barrier
where the parties themselves, after due deliberation, have found a
path towards reconciliation.
8. The circumstances of the present case disclose a
significant change in the position which existed at the time when
the decree of divorce was passed. The parties, after the passing of
the decree, have consciously chosen to enter into a settlement
and have expressed their understanding that they wish to restore
their family, put their past disputes behind them and make a fresh
beginning. Their decision is further founded upon their common
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desire to act in the best interest of their minor child and to provide
her a stable and harmonious family environment.
9. The Court is mindful of the fact that a matrimonial
relationship is not merely a legal bond between two individuals. It
carries with it emotional, familial and social dimensions, and
where the parties themselves have, after mature consideration,
expressed their willingness to resume their matrimonial life, the
Court must, wherever the law permits, give due weight to such
subsequent development. It is also significant that the dispute
between the parties is essentially personal and matrimonial in
nature, confined to the parties themselves, with no element of any
larger public consequence or third-party right being involved. The
grievance which had once led to the dissolution of their marriage
was a matter essentially inter se the husband and wife.
10. Having regard to the subsequent events, the parties
have themselves chosen to put an end to that dispute and have
unequivocally expressed their desire to restore their matrimonial
relationship. Once the very persons between whom the dispute
arose have, with full understanding and free consent, decided to
bury their differences and resume their matrimonial life,
continuation of litigation merely for the sake of adjudicating a
dispute which the parties themselves no longer seek to pursue
would serve little purpose. The Court, while administering justice,
cannot lose sight of the fact that matrimonial litigation concerns
not merely competing legal claims, but human relationships and
the lives of families. Where the parties themselves have found a
path from discord to reconciliation, the law should, wherever
permissible, facilitate peace rather than perpetuate conflict.
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11. Withal, Hon’ble Supreme Court vide a catena of
judgments has repeatedly emphasized that matrimonial litigation
should not become an end in itself and that, wherever there
remains a possibility of reconciliation and restoration of the family,
the same deserves to be given due consideration. The essence of
matrimonial adjudication is not merely to determine the existence
of a legal wrong, but, wherever circumstances permit, to facilitate
a just and humane resolution of the dispute.
12. In the present case, the parties have themselves
chosen reconciliation over continued litigation. They have jointly
expressed their intention to live together, to forget their past
disputes and to work towards a better future, particularly keeping
in view the welfare of their minor daughter. The Court is also
conscious of the settled principle that the law must respond not
merely to the dispute as it once existed, but also to subsequent
events which have a material bearing upon the relief sought. The
subsequent conduct of the parties, their voluntary settlement and
their unequivocal consent to restore the matrimonial relationship
constitute circumstances which cannot be ignored while exercising
appellate jurisdiction.
13. The present matter, therefore, is not one where the
Court is compelling reconciliation upon unwilling parties. On the
contrary, the parties themselves, being present before the Court
and having been identified by their respective counsel, have
jointly and unequivocally stated that they wish to restore their
matrimonial relationship and live together in future. The Court is
further of the considered view that the paramount consideration in
the peculiar facts of the present case is the welfare of the minor
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girl. The parties have consciously decided to work together in the
interest of their child and to provide her a better quality of life.
Their decision to resume their matrimonial relationship, therefore,
carries significance not merely for them individually but also for
the emotional and familial well-being of their minor daughter.
14. Thus, in the totality of the facts and circumstances of
the present case, this Court finds that three aspects assume
particular significance:
a) That after the passing of the decree of divorce, the
parties have entered into a settlement and have mutually
understood and agreed that they wish to restore their family life
and put their previous disputes behind them;
b) That both the parties have expressed their common
desire to act in the best interest and welfare of their minor
daughter and to ensure that she receives the care, affection and
support of both her parents; and
c) That both the parties have voluntarily expressed their
intention to live together and make a fresh beginning with the
object of leading a better and harmonious quality of life in future.
15. The subsequent settlement between the parties,
coupled with their personal presence before this Court and their
unequivocal consent, the view laid down by co-ordinate Bench in
Kamlesh Devi (supra), and by other high court in Prabhu
Vaippan v. Akshita Pande : 2020 SCC OnLine Kar 4358 ,
persuades this Court to exercise its jurisdiction in the interest of
justice and to give effect to the reconciliation which has taken
place between them.
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16. The judgment and decree dated 30.11.2024, whereby
the marriage between the parties was dissolved, cannot, in the
peculiar facts and circumstances of the present case, be permitted
to stand as an impediment to the voluntary reconciliation now
arrived at by the parties.
17. This Court, accordingly, relying upon the judgment of
the Co-ordinate Bench in Kamlesh Devi (supra) , and
considering the subsequent settlement and the unequivocal
consent of both the parties, is of the considered opinion that the
decree of divorce dated 30.11.2024 deserves to be set aside.
18. Consequently, the decree of divorce dated 30.11.2024
is hereby set aside. The matrimonial relationship between the
parties is restored and the marriage solemnized between them on
23.10.2015 shall stand restored as if the decree of divorce had not
intervened.
19. The Court expects that the parties, having voluntarily
chosen the path of reconciliation, shall make a sincere and
conscious endeavour to honour the understanding arrived at
before this Court and shall endeavour to resolve their future
differences through mutual dialogue, patience and understanding,
particularly keeping in view the welfare and happiness of their
minor daughter.
20. It is hoped that the parties shall now look forward
rather than backwards, and that the settlement arrived at before
this Court shall mark not merely the conclusion of litigation, but
the beginning of a renewed chapter of their family life.
21. In view of the aforesaid facts and circumstances, and
particularly in view of the voluntary consent and settlement
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arrived at between the parties, the lis is question does not
survive, and thus, the present appeal stands allowed . A copy of
the notarized settlement deed is taken on record. Pending
applications, if any, shall stand disposed.
22. The judgment and decree dated 30.11.2024 passed by
learned Judge, Family Court, Hanumangarh in Civil Regular Case
No. 237/2020 is set aside. The marriage between the parties,
solemnized on 23.10.2015, stands restored.
23. The Registrar (Judicial) is directed to send a copy of
this judgment to the concerned Family Court forthwith, which shall
carry out the requisite consequential formalities in accordance
with law.
(SAMEER JAIN),J (UMA SHANKER VYAS),J
63/Divya Daiya
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