Unknown vs Smt. Vidhika Agarwal
2024 Latest Caselaw 364 UK

Uttarakhand High Court

Unknown vs Smt. Vidhika Agarwal on 18 March, 2024

    IN THE HIGH COURT OF UTTARAKHAND
               AT NAINITAL
            HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI
                              AND
              HON'BLE SRI JUSTICE PANKAJ PUROHIT

                              18TH MARCH, 2024

          APPEAL FROM ORDER No. 97 OF 2024

Ujjawal Jain.
                                                                  ...Appellant

                                     Versus

Smt. Vidhika Agarwal.
                                                              ...Respondent

Counsel for the petitioner.           :   Mr. Saurabh Kumar Pandey, learned
                                          counsel.

Counsel for respondent.               :   Ms. Shruti Joshi, learned counsel.

JUDGMENT :

(per Ms. Ritu Bahri, C.J.)

The appellant has come up in Appeal against

the order dated 15.02.2024 passed by the Judge, Family

Court, Haldwani, Nainital in Original Suit No. 395/2023.

The marriage of the parties was solemnized on

08.08.2022 as per Hindu Rites and Rituals, and there is

no child from this wedlock. The matrimonial discord

arose between the parties, and they started living

separately since 03.10.2022, and thereafter they

decided to dissolve the marriage by mutual consent.

However, the Petition, under Section 13-B of the Hindu

Marriage Act, 1955 was dismissed, on the ground that the waiving of cooling period of six months cannot be

done by the Family Court.

2. On 13.03.2024, on a joint request made by

learned counsel for the parties, this Appeal was treated

to be a Petition under Section 13-B of the Hindu

Marriage Act, 1955, and both the parties were directed

to be present before this Court on the next date.

3. Today, when the case was taken up, counsel

for the appellant has handed over a Draft of Rs.

20,00,000/- to the respondent, who is present in Court

today. No other claim is there by either of the party.

4. Affidavit of Ujjawal Jain is taken on record as

Annexure R1, and affidavit of Vidhika Agarwal is taken

on record as Annexure R2. As per the affidavits, it has

been stated that all the disputes have been resolved

between them, after payment of Rs. 20,00,000/- by the

appellant to the respondent, as permanent alimony.

5. Keeping in view that no dispute is there

between the parties, this Petition, under Section 13-B of

the Hindu Marriage Act, 1955 is being allowed, and

marriage of the parties is being dissolved.

6. Pending application(s), if any, also stand

disposed of accordingly.

______________ RITU BAHRI, C.J.

_________________ PANKAJ PUROHIT, J.

Dt: 18th March, 2024 Rahul