Laxmi Bai vs. Ashok Jain

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. OF 2025 [ARISING FROM SLP (C) No(s).689/2023]

LAXMI BAI APPELLANT(S)

VERSUS

ASHOK JAIN RESPONDENT(S)

O R D E R

1. Leave granted.

2. On 25.03.2025, the following order was passed by this Court:

"This is an interesting case. Learned counsel for the petitioner-wife had no information, however, learned counsel appearing for the respondent-husband informed the court that the petitioner and respondent are residing together for the last 2 and 2 ½ years. We requested the learned counsel to connect to the respondent-husband through video call so that we could verify such facts that both of them are living together happily. The call was connected and we could make the dialogue with both husband and wife who are living together and they have stated that such living has been for the last two years.

In view of such development, we are of the view that the decree of divorce deserves to be set aside. However, we deem it appropriate that an affidavit be jointly filed by the parties stating that such developments have taken place in the meantime. For the said purpose, four weeks' time is granted.

We direct the parties to appear before the Member Secretary, District Legal Services Authority, Rajnandgaon, State of Chattisgarh on any working day and get a proper affidavit, sworn and filed before him. The Member Secretary shall forward the same along with his report to this Court. This exercise may be undertaken within the next four weeks. The copy of this order be sent to the Member Secretary, District Legal Services Authority, Rajnandgaon, State of Chattisgarh forthwith for compliance.

List the petition again on 29th April, 2025."

**3. Pursuant to the above order, the Chief Judicial Magistrate/Secretary In-charge, District Legal Services Authority, Rajnandgaon, Chhattisgarh, has submitted a report along with '**Joint Affidavit of Facts' by both the sides.

4. According to the contents of the affidavit since August 2023, both the parties are in

2

cohabitation. The occasion of cohabitation was an unfortunate accident of the younger daughter, for which, apparently, the mother decided to live with her husband to take care of their daughter.

5. It is also stated in the affidavit that they are cohabiting happily and they both want to live together for rest of their lives.

6. In that view of the matter, the decree granted by the Family Court and confirmed by the High Court is set aside and the suit for divorce stands dismissed.

7. The appeal stands allowed, as above.

8. Pending application(s) shall stand disposed of.

....................,J. (VIKRAM NATH)

....................,J. (SANDEEP MEHTA)

NEW DELHI; APRIL 29, 2025.

C.A. @ SLP (C) No(s).689/2023

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 689/2023

[Arising out of impugned final judgment and order dated 04-03-2022 in FAM No. 17/2017 passed by the High Court of Chhatisgarh at Bilaspur]

LAXMI BAI Petitioner(s)

VERSUS

ASHOK JAIN Respondent(s)

(IA No. 202941/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT AND IA No. 202942/2022 - EXEMPTION FROM FILING O.T.)

Date : 29-04-2025 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE VIKRAM NATH HON'BLE MR. JUSTICE SANDEEP MEHTA

For Petitioner(s) :Mr. D. K. Devesh, AOR

For Respondent(s) :Mr. Satish Pandey, AOR Ms. Ritika Singh, Adv. Mr. Raj Narayan Singh, Adv. Mr. Sunil Prem Lalla, Adv. Ms. Ayushi Mittal, Adv.

UPON hearing the counsel the Court made the following O R D E R

Leave granted.

The appeal is allowed in terms of the signed order.

Pending application(s) shall stand disposed of.

(NEETU KHAJURIA) ASTT. REGISTRAR-CUM-PS (RANJANA SHAILEY) ASSISTANT REGISTRAR

(Signed order is placed on the file.)

ITEM NO.36 COURT NO.5 SECTION IV-C