C482/66/2023
2023 Latest Caselaw 214 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                        COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  C482 No. 66 of 2023
                                  With
                                  IA No. 1 of 2023
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. C.K. Sharma, Advocate, for the applicants.

Mr. T.C. Agarwal, Deputy A.G., with Mr. Tumul Nainwal, Brief Holder, for the State of Uttarakhand.

In the proceedings under Section 13-B of the Hindu Marriage Act, which was held before the Family Court, Vikas Nagar, District Dehradun, by way of Original Case No. 111 of 2022, Smt. Parul Gupta Vs. Rakesh Kumar Gupta, in para 9 of the C482 Application, the parties have agreed, that all the proceedings, which were referred to therein, would be dropped, in case, if the marriage is dissolved under Section 13-B of the Hindu Marriage Act.

In para 9 of the Matrimonial Petition, it makes reference to the present proceedings of Criminal Case No. 179 of 2020, State Vs. Rakesh Kumar Gupta and others.

It has been contended by the learned counsel for the applicant, that the proceedings under Section 13-B of the Hindu Marriage Act, has been considered by the Family Court, and the same has been decreed by the judgment of 17th November, 2022, and as a consequence thereto, the marriage between them has been dissolved by the decree dated 17th November, 2022.

He contends that in that eventuality, the respondent No.2 would be bound by the terms and conditions given in the plaint, of not pursuing any other proceedings as referred to therein any further.

In view of the fact, that now the marriage stands dissolved under Section 13-B of the Hindu Marriage Act, and all the disputes of theirs' have been settled, let notices be issued to respondent No.2.

Respondent No.1 is represented by the Deputy A.G., who may file their counter affidavit within three weeks.

The counsel for applicant would take steps for serving respondent No.2 within a period of ten days from today.

Till the next date of listing, further proceedings of Criminal Case No. 179 of 2020, State Vs. Rakesh Kumar Gupta and others, pending consideration before the Court of Addl. Chief Judicial Magistrate, Vikas Nagar, Dehradun, would be kept in abeyance.

(Sharad Kumar Sharma, J.) Dated 12.01.2023 Shiv