FA/102/2020
2022 Latest Caselaw 4025 UK

     IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL
          HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                             AND
           HON'BLE SRI JUSTICE MANOJ KUMAR TIWARI

                       15TH DECEMBER, 2022

               FIRST APPEAL No. 102 OF 2020

Between:

Amit Kumar.                                               ...Appellant

and

Smt. Shalini Shanu.                                   ...Respondent

Counsel for the appellant.     :   Mr. Lalit Sharma, the learned counsel.

Counsel for the respondent.    :   Mr. Piyush Garg, the learned counsel.


JUDGMENT : (per Sri Vipin Sanghi, C.J.)

              Both the parties are present in Court.                 We

have interacted with them yesterday, as well as today.

They have agreed to proceed for divorce by mutual

consent.       In settlement of all claims towards alimony,

maintenance and stridhan etc. of the respondent, the

appellant has agreed to pay Rs. 45 lacs to the

respondent.           The respondent has agreed to withdraw

all complaints, and other cases that she has instituted

against the appellant. Both parties have agreed not to

institute any further proceedings against each other.


2.            Accordingly, the parties shall move to obtain

divorce by mutual consent, by moving the First Motion
 Petition under Section 13B(1) of the Hindu Marriage Act,

1955,    within    two     days    before   the     Family    Court,

Rudrapur, District Udham Singh Nagar.               At the time of

recording of the consent of the parties during the First

Motion    Petition,      the    appellant   shall    pay     to     the

respondent Rs. 20 lacs. The respondent shall withdraw

all other cases and complaints filed against the appellant

within two weeks thereafter, and provide intimation to

the   appellant     in   that    regard.    The     parties       shall,

thereafter, proceed to move the Second Motion Petition,

by seeking waiver of the statutory period of six months.

Since the parties have remained separated since the

year 2015, and the appellant is residing in United

Kingdom, whereas the respondent is residing in India, it

is evident that the marriage is dead, and there is no

possibility of the parties being able to reconcile.                The

Family Court shall consider the application seeking

exemption in this light.


3.         Since the appellant would be returning to

United Kingdom during the Second Motion Petition, his

appearance        through       Video   Conferencing       shall     be

entertained.




                                   2
 4.          In token of acceptance of the aforesaid terms

and conditions, both the parties have appended their

signatures on this judgment sheet. The settlement has

been arrived at by them of their own free will, without

force or coercion, and in presence of their respective

counsels.


5.          The parties shall remain bound by the terms

and conditions of this order.


6.          The Appeal stands disposed of in the aforesaid

terms.


7.          Consequently, pending applications, if any,

also stand disposed of.


8.          A certified copy of this order be provided to

the learned counsel for the parties by the end of the

day.




                                   ________________
                                    VIPIN SANGHI, C.J.


                             _____________________
                             MANOJ KUMAR TIWARI, J.

Dt: 15th December, 2022 Rahul