Uttarakhand High Court
Gajendra Bhatt Alias Gajinder Bhatt vs Rajshwari on 1 August, 2024
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI
AND
HON'BLE SRI JUSTICE RAKESH THAPLIYAL
1ST AUGUST, 2024
FIRST APPEARL NO. 60 OF 2023
Gajendra Bhatt alias Gajinder Bhatt ............Appellant
Versus
Rajshwari ...Respondent
Counsel for the appellant : Mr. Devang Dobhal, learned counsel.
Counsel for the respondent. : Mr. Naman Kamboj, learned counsel.
JUDGMENT :
(per Ms. Ritu Bahri, C.J.)
Present Appeal has been filed by the appellant
(husband) challenging the judgment and order dated
13.03.2023 passed by the learned Additional Family
Judge, Dehradun in Original Suit No. 214 of 2019 titled as
'Gajendra Bhatt vs Smt. Rajshwari', whereby Original Suit
No. 214 of 2019 filed by the appellant under Section
13(1)(ia) of the Hindu Marriage Act, 1955 was dismissed.
2. The marriage of the parties was solemnized on
27.04.2001 in District Tehri Garhwal as per Hindu rites
and customs. There are two children, one daughter and
one son from this marriage. The daughter is about 21
years of age and the son is about 18 years of age. The
parties are living separately since 2013.
3. On 16.03.2024, both the parties entered into a
compromise before the Mediator at District Court,
Dehradun. In the said Compromise, the following
conditions are mentioned:-
(1) Since both the parties cannot live together, the
parties, by moving a joint petition under Section 13B
of the Hindu Marriage Act 1955, will get their
marriage dissolved in the month of November,
2024.
(2) The appellant will pay a lump sum amount of
Rs. 50,00,000/- to the respondent for maintenance
of the children and the respondent. The appellant
will pay a sum of Rs. 25 Lacs out of the aforesaid
Rs. 50 Lacs at the time of filing of the petition under
Section 13B of the Hindu Marriage Act, 1955 and the
remaining amount of Rs. 25 Lacs will be paid by the
appellant to the respondent on the second motion.
(3) The respondent, who is residing in the house of
the appellant situated at Harrawala, District
Dehradun with her children, will continue to reside in
the said premises till the final disposal of the
aforesaid Section 13B petition and the appellant will
continue to pay the electricity and water bills of the
respondent and the children without any break by
the time they reside therein, and on the final
disposal of Section 13B petition, the respondent will
vacate the said property located at Harrawala and
hand-over its physical possession to the appellant. If
there arises any need to sell the property completely
before the disposal of Section 13B petition, then the
respondent and her children, by vacating the said
premises, will hand-over the physical possession of
the same to the appellant, in which there would not
be any objection to any party.
(4) Till the disposal of Section 13B petition, the
appellant will continue to pay the monthly
maintenance amount of Rs. 4000/- to the
respondent as earlier.
(5) On the basis of the present compromise, the
parties do not want to press the Appeals filed before
the Hon'ble High Court and want to withdraw them
as not pressed. Resultantly, the appellant will
withdraw the aforesaid First Appeal No. 60 of 2023
titled as 'Gejendra vs. Rajshwari Devi' as not
pressed on the basis of the present compromise.
Likewise, the respondent will withdraw Appeal No.
333 of 2023 titled as 'Rajshwari vs. State of
Uttarakhand' as not pressed on the basis of the
present compromise, in which there would not be
any objection to any party.
(6) If there arises any need in future to the
children for the signature or the help of the
appellant for getting any document for their
education and career, the appellant, by fully
cooperating in that, will help the children in getting
the required document(s), in which there would not
be any objection to any party.
(7) If after the life time of the appellant, in future,
there occurs any legal right of the children of the
parties in the ancestral property of the appellant
which is located at Village Sakri, Patti Jua, P.O.
Kamand, District Tehri Garhwal, then the children of
the parties can claim the same as per law, in which
there would not be any objection to any party.
(8) After dissolution of the marriage of the parties
as per above, the respondent and children and the
appellant will neither interfere with one another's
life, nor will the respondent and the children, after
receipt of the aforesaid entire maintenance, will
claim any maintenance in future, and nor will claim
any property during the life time of the appellant, in
which there would not be any objection to any party.
4. Both the parties as well as two witnesses have
put their signatures at the bottom of the Compromise
dated 16.03.2024.
5. Since both the parties have already entered
into compromise and they have no objection regarding
the same, this Appeal is disposed of in view of the said
Compromise dated 16.03.2024.
6. Pending Application, if any, also stands
disposed of accordingly.
______________
RITU BAHRI, C.J.
__________________
RAKESH THAPLIYAL, J.
Dt: 1st August, 2024
Rathour
