FA/50/2015
2023 Latest Caselaw 2374 UK

             IN THE HIGH COURT OF UTTARAKHAND
                                  AT NAINITAL
                   HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                          AND
                      HON'BLE SRI JUSTICE RAKESH THAPLIYAL

                         FIRST APPEAL NO. 50 OF 2015
                             21ST AUGUST, 2023
BETWEEN:
Deepak Kumar Rana                                              .....Appellant.
And
Poonam                                                         ....Respondent.

Counsel for the Appellant : Mr. Vikas Bahuguna, learned counsel.

Counsel for the Respondent : Mr. G.S. Negi, learned counsel.

The Court made the following:

JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)

The parties are present virtually. Learned counsels

for the parties are present. They state that the parties have

arrived at settlement. They have agreed to obtain divorce by

mutual consent from each other, on the condition that the

appellant shall pay Rs.20.00 Lakhs towards full and final

settlement of all claims of the respondent towards alimony,

stridhan etc., and he shall pay another amount of Rs.10.00

Lakhs for the upbringing of the child of the parties.

2. The parties shall remain bound by their statements

made before us. They state that they shall move an

application under Section 13-B of the Hindu Marriage Act to

obtain divorce by mutual consent.

3. Considering the fact that the parties are separated

for more than eleven years now, and there is no possibility of

any reconciliation to resume cohabitation, the Family Court

shall take this aspect into consideration, and waive the

waiting period of six months before moving the second

motion petition. The payment of the aforesaid amounts shall

be made by the appellant to the respondent in two

installments of 50% each- at the moving of the first motion

petition, and at the moving of the second motion petition,

separated by one week each.

4. Since the respondent is residing and working at

Kota, she shall be entitled to appear virtually in the

proceedings before the Family Court, and her statement shall

be recorded by the Family Court without insisting on her

personal appearance, after ascertaining her identity.

5. The respondent agrees that she shall withdraw all

other proceedings initiated by her against the appellant, and

the parties have agreed not to continue, or initiate any

proceedings against each other, except the joint petition

aforesaid.

6. The appeal stands disposed of in the aforesaid

terms.

7. Pending application, if any, also stands disposed of.

(VIPIN SANGHI, C.J.)

(RAKESH THAPLIYAL, J.) Dated: 21st August, 2023 NISHANT