Pooja Rawat vs Shree Yashwant Singh Rawat
2024 Latest Caselaw 969 UK

Uttarakhand High Court

Pooja Rawat vs Shree Yashwant Singh Rawat on 16 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

                            16th May, 2024
                FIRST APPEAL No.96 OF 2022

Pooja Rawat                                                   ...Appellant
                                   Versus

Shree Yashwant Singh Rawat                                ...Respondent


Counsel for the appellant           :   Mr. Amish Tewari, learned counsel.


Counsel for respondent                  Ms. Azmeen Wasom, learned counsel.




JUDGMENT :

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

1. The appellant has filed an appeal for setting

aside the judgment and order dated 06.04.2022 passed

by the Family Court, Dehradun, whereby the divorce

petition no.424 of 2015, filed by the

respondent/husband has been allowed.

2. The marriage of the parties was solemnized as

per Hindu rites and ceremonies in Dehradun on

01.06.2013. There is no issue from this marriage, and

they are staying separately since 2015, when the suit for

divorce was filed by the husband on 27.05.2015.

3. Before this Court, this appeal is pending since

2022, and on 14.03.2024, the appellant stated that she

was ready to vacate the house of the respondent, if she

was given Rupees Ten Lakh, as permanent alimony. The

case was adjourned for 20.03.2024, so that the

respondent can give one cheque of Rupees Five Lakh,

and thereafter, after one month she will vacate the

premises. On 20.03.2024, a cheque of Rupees Five

Lakh, was given to the appellant, and this petition was

converted into section 13B petition of the Hindu

Marriage Act, 1955.

4. The appellant also filed an affidavit dated

20.03.2024, and as per this affidavit of Smt. Pooja

Rawat, she had received a cheque no.862728 of State

Bank of India, Dehradun, dated 20.03.2024. She

undertook to vacate the premises of the respondent

within thirty days from 20.03.2024.

5. Today when the case was taken up, another

affidavit has been filed by the appellant dated 16th May

2024. In this affidavit appellant Smt. Pooja Rawat, has

stated that she has received Rupees Five Lakh, through

cheque no.862728 of State Bank of India, Dehradun

dated 20.03.2024, and she has given the key of the

premises to the respondent, who is present in the Court,

and has received another cheque of Rupees Five Lakh,

through Cheque No.862732, State Bank of India Branch

Dehradun, dated 16.05.2024. A Photostat copy of the

cheque is Annexure no.1 to the affidavit.

6. Since she/appellant has vacated the premises

after accepting Rupees Ten Lakh, this petition under

Section 13B of the Hindu Marriage Act, is being allowed,

and both the parties are granted divorce by mutual

consent under section 13B of the Hindu Marriage Act.

______________ RITU BAHRI, C.J.

___________________ RAKESH THAPLIYAL, J.

Dt: 16th May, 2024 NR/