Uttarakhand High Court
Nutan Chandra Bhatt vs Smt. Smita on 1 August, 2024
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI
AND
HON'BLE MR. JUSTICE RAKESH THAPLIYAL
FIRST APPEAL NO. 81 OF 2023
1ST AUGUST, 2024
Nutan Chandra Bhatt ...... Appellant
Versus
Smt. Smita ...... Respondent
Counsel for the appellant : Mr. M.S. Bisht, learned counsel
Counsel for the respondent : Mr. B.M. Pingal, learned counsel
The Court made the following:
JUDGMENT:
(per Hon'ble The Chief Justice Ms. Ritu Bahri)
The appellant-husband has come up in appeal
against the judgment of the Family Court, Rishikesh,
District Dehradun dated 12.04.2023, whereby his suit for
grant of decree of divorce under Section 13(1)(ia) of the
Hindu Marriage Act has been dismissed.
2) The appellant and the respondent got married
on 19.04.2014 in District Dehradun. There is no child
from this marriage. In the present appeal, on
09.05.2024, the appellant-husband stated that he is
ready to give an amount of Rs.22.5 lakhs as permanent
alimony to the respondent-wife. Respondent Smita was
also present in the Court along with her sister Kavita
Badola on that day. Both the parties agreed for
permanent alimony of Rs. 22.5 lakhs. Some jewellery
was lying with the appellant-husband, and the appellant
stated that he will return the same to the respondent-
wife.
3) In her affidavit filed on 09.05.2024, the
respondent-wife has stated that both of them have
settled the dispute on pursuance of their family
members and now they have decided to live separately.
The appellant-husband had agreed to pay an amount of
Rs. 22.5 lakhs (Rupees Twenty-two Lakh Fifty Thousand
only) as permanent alimony to the respondent-wife, out
of which Rs. 5,00,000/- will be deposited in the account
of the respondent-wife bearing Account No.
9959000100062258, IFSC Code PUNB0995900, Branch
Punjab National Bank, Branch Shyampur, Rishikesh
through RTGS within a period of one week, and the
remaining amount of Rs. 17,50,000/- will be paid within
a period of two months by RTGS / cheque. It has also
been stated in the affidavit that the respondent-wife will
vacate the house of the appellant after receiving the
total amount of permanent alimony from the appellant,
and will withdraw the case filed by her against the
appellant under Section 125 Cr.P.C., pending before the
Family Court, Rishikesh.
4) The appellant-husband has also filed his
affidavit dated 09.05.2024 to the same effect. It has
been stated by the appellant that he will pay Rs.
5,00,000/- to the respondent-wife by way of RTGS
within a week, and the remaining amount of Rs.
17,50,000/- will be paid within a period of two months
by RTGS / cheque. It has also been stated by the
appellant that his family members will return the gold
ornament (Streedhan) to the respondent within one
week, and the respondent-wife will withdraw the
proceedings under Section 125 Cr.P.C. pending before
the Family Court, Rishikesh against the appellant.
5) After 09.05.2024, this case was taken up on
01.08.2024. Both the parties filed their respective
affidavits dated 01.08.2024. As per the affidavits filed
by both the parties all the conditions of compromise
have been complied with.
6) The respondent-wife in her affidavit dated
01.08.2024 had stated that she will vacate the premises
of the appellant-husband within 14 days, and will also
take her household furniture and electronic items,
including fridge, almirah, dressing table, television, one
table and four chairs with the luggage.
7) The jewellery was handed over today in the
Court by the appellant-husband to the respondent-wife.
8) Since all the conditions of compromise have
now been complied with by both the parties, this appeal
is being converted suo motu into a petition under
Section 13B of the Hindu Marriage Act, and the divorce
by mutual consent is being granted to the parties. The
marriage between the parties is dissolved by a decree of
divorce in terms of conditions mentioned in the
compromise filed by both the parties. The respondent-
wife will vacate the premises of the appellant-husband
within two weeks from today.
9) The petition under Section 13B of the Hindu
Marriage Act is, accordingly, disposed of in the above
terms.
_______________
RITU BAHRI, C.J.
_________________
RAKESH THAPLIYAL, J.
Dt: 1ST AUGUST, 2024
Negi
