Uttarakhand High Court
Smt. Mamta Arya vs Kamal Kishore on 9 May, 2024
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI
AND
HON'BLE SRI JUSTICE RAKESH THAPLIYAL
APPEAL FROM ORDER NO. 292 OF 2023
09TH MAY, 2024
Smt. Mamta Arya .....Appellant.
Versus
Kamal Kishore ....Respondent.
Counsel for the Appellant : Mr. Naveen Chandra Arya,
learned counsel.
Counsel for the Respondent : Mr. Vikas Bahuguna, learned
counsel.
The Court made the following:
JUDGMENT:
(per Hon'ble The Chief Justice Ms. Ritu Bahri)
The present appeal has been filed by the appellant-
Smt. Mamta Arya against the order of the Family Court, Nainital,
dated 14.06.2023, whereby her application under Order 9 Rule 13
of the Code of Civil Procedure, for setting aside the ex parte
decree of divorce, passed by the Family Court in Civil Case No.76
of 2022, dated 14.11.2022, in favour of the respondent- husband,
has been dismissed.
2. The marriage of the appellant and respondent was
solemnized on 23.11.2018 as per Hindu rituals at Village Thana
Devli, Motia Pathar, Lamgada, District Almora. As per the case of
the respondent- husband before the Family Court, where ex parte
decree of divorce was granted on 14.11.2022, the behavior of the
appellant- wife was good for some time, but some time, she used
to go to her matrimonial home often without any valid reasons
and without telling anything to the husband and his family
member. She used to state that she was an educated woman. She
was the master of her own will. After marriage, the appellant- wife
got job as an Aanganbadi helper, and when she was told to show
responsibility towards her mother-in-law and father-in-law, she
refused to do her marital duties towards her mother-in-law and
father-in-law. The respondent- husband stays out of the house
due to his job in Tehri Garhwal District Coorperative Bank, and on
account of this misunderstanding, the married life of the
respondent got disturbed. The appellant- wife became pregnant in
the year 2019, and they lost the child on account of miscarriage
and since 2019, they are staying separately without any cause.
There is no child from this marriage. The ex parte decree of
divorce was granted to the respondent- husband on account of
cruelty and desertion.
3. In the present case, during pendency of the appeal, on
03.04.2024, this Court suo motu converted this appeal into a
petition under Section 13-B of the Hindu Marriage Act. On that
day, both the parties were present in Court, and the respondent
agreed to pay a sum of Rs.10.00 lakh to the appellant- wife as a
permanent alimony. This offer had been accepted by the
appellant-wife in the Court, and she also stated that she will
withdraw the application filed by her under Section 125 of the
Code of Criminal Procedure, and the respondent undertook to
make the payment of Rs.5.00 lakhs through RTGS in the account
of the appellant without a period of four days, and the balance
amount within a period of one month.
4. Today, when the matter was taken up for hearing, a
supplementary-affidavit dated 08.05.2024 has been placed on
record by learned counsel for the appellant. It is stated in the said
affidavit that on 03.04.2024, she had agreed for a sum of
Rs.10.00 lakh as permanent alimony, and she has withdrawn
Criminal Misc. Application No.36 of 2022, pending before the
Family Court, Almora, on 06.05.2024. She has received the
amount of Rs.10.00 lakh through RTGS. Copy of the order dated
06.05.2024 is Annexure-1 to this affidavit.
5. Since parties have complied with all the conditions of
the compromise, nothing survives in this petition.
6. Keeping in view the supplementary-affidavit dated
08.05.2024, filed by the appellant-wife, the petition under Section
13-B of the Hindu Marriage Act is being disposed of. The marriage
between the appellant and the respondent is hereby dissolved by
a decree of divorce on the conditions agreed between the parties.
7. Pending application, if any, also stands disposed of.
(RITU BAHRI, C.J.)
(RAKESH THAPLIYAL, J.)
Dated: 09th May, 2024
NISHANT
