Rahul Shukla vs Mona Shukla
2022 Latest Caselaw 2354 UK

      IN THE HIGH COURT OF UTTARAKHAND AT
                    NAINITAL

       THE CHIEF JUSTICE SHRI VIPIN SANGHI
                       AND
      JUSTICE SHRI RAMESH CHANDRA KHULBE

              FIRST APPEAL No.175 OF 2020

                       28TH JULY, 2022



Rahul Shukla                                      ...... Appellant

                                Vs.

Mona Shukla                                    ...... Respondent

Presence: -
Shri T.A. Khan, learned senior counsel assisted by Shri Vinay Bhatt,
learned counsel for the appellant.
Shri Nalin Saun and Shri Shashank Saun, learned counsel for the
respondent.

JUDGMENT: (Per Shri Vipin Sanghi, Chief Justice)


           The present first appeal is directed against the

order dated 06.11.2020 passed by the Principal Judge,

Family Court, Dehradun. The said order has been passed

in O.S. No.1158 of 2018 under Section 13-B of the Hindu

Marriage Act. The petition has been dismissed, on account

of the respondent-wife not granting her consent to obtain

divorce by mutual consent, during the second motion

proceeding.

2.         In our view, there is no merit in this appeal,

since it is open to either party to walk out of the

proceedings before the decree of divorce is passed within
 18 months of the moving of the first motion under Section

13-B(1).

3.         The submission of Mr. T.A. Khan, learned senior

counsel for the appellant is that the respondent has

received Rs.3 lakh, as a part of this settlement, during the

first motion proceedings.

4.         According to the respondent, the said amount

has been adjusted towards the amount payable by the

appellant, in terms of the other orders passed, inter se,

the parties.

5.         We leave it open to the parties to raise the said

issues which shall be determined by the competent Court

as and when the matter is raised.

6.         In view of the aforesaid observations, the

present first appeal stands disposed of.




                                    ________________
                                     VIPIN SANGHI, C.J.


                         ________________________
                         RAMESH CHANDRA KHULBE, J.

Dated: 28th July, 2022 BS/SS