Uttarakhand High Court

Harish Ram vs Smt. Sharda Devi on 2 May, 2024

             IN THE HIGH COURT OF UTTARAKHAND

                                  AT NAINITAL
                     HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI
                                          AND
                      HON'BLE SRI JUSTICE RAKESH THAPILYAL

                    Appeal from Order NO.178 OF 2024

Harish Ram                                                         .....Appellant
                                        Versus

Smt. Sharda Devi                                               ....Respondent

Counsel for the appellant                   :      Mr. Harshpal   Sekhon,   learned
                                                   counsel

The Court made the following:

JUDGMENT:

(per Hon'ble The Chief Justice Ms. Ritu Bahri)

The parties got married in the present case on 17.06.2013. The appellant has one daughter from this marriage, who is about 7 years old.

2. The present appeal has been filed against the order dated 01.02.2024, whereby the Family Court I, Rudrapur, District Udham Singh Nagar, has allowed an application under Order 9 Rule 13 of the CPC, and set aside the ex parte decree of divorce.

3. Keeping in view that there is one child from marriage, who is 7 year old, her future has to be secured by both the parents, this Court does not want to interfere in this order. Let the parties appear before the Family Court and make a share parenting plan as per the judgment of Division Bench in the case of "Shruti Joshi Vs. State of Uttarakhand and others", and get in touch with the counsellor to bring up the child emotionally in a positive manner, apart from the maintenance.

4. Subject to the aforesaid, the appeal from order is disposed of.

(RITU BAHRI, C.J.)

(RAKESH THAPLIYAL, J.)

Dated: 2nd May, 2024 NR/