Uttarakhand High Court
Tejpal Singh Saini vs Smt. Surekha Saini on 3 October, 2024
2024:UHC:7329-DB
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI
AND
HON'BLE SRI JUSTICE RAKESH THAPLIYAL
First Appeal No.179 oF 2023
Tejpal Singh Saini ...Appellant
Versus
Smt. Surekha Saini ...Respondent
Counsel for the appellant : Mr. Mitra Bhaskar Shah, Mr.
Hiriyangam Shah, learned counsels.
Counsel for the respondent Mr. Bilal Ahmed, learned counsel.
JUDGMENT :
(per Ms. Ritu Bahri, C.J.)
For the reasons stated in the affidavit filed in
support of the delay condonation application (IA No.01 of
2023), delay condonation application is allowed, and the
delay of 52 days] is hereby condoned.
2. The appellant has come up in the appeal
against the judgment dated 14.08.2023, whereby his
divorce petition under section 13 (1) (ia) (ib) of the
Hindu Marriage Act, has been dismissed.
3. The marriage of the parties was solemnized on
17.04.2000, and they are living separately since 2006
and there is no child from this marriage. As per the
Family Court's judgment, after the marriage was
solemnized in the year 2000, the respondent/wife
deserted and living separately since 2006. Thereafter, in
2024:UHC:7329-DB
the year 2010, a complaint was made before the Women
Helpline and with the intervention of the family
members, the settlement was arrived at between the
parties, that they could not live together. As per the
appellant, the entire stridhan was returned and also as
permanent alimony Rupees Three Lakh, were paid to the
wife/respondent. The compromise dated 22.09.2010,
was duly notarized by Smt. Satyavati Verma, Advocate
at Roorkee at Serial No.747/22.09.2010.
4. On the basis of the compromise, a divorce
petition was filed by the respondent/wife on 24.09.2010
being O.S. No.184 of 2010, "Smt. Surekha Vs. Tejpal",
the respondent did not appear in the case, and it was
dismissed on 05.08.2011. Another divorce petition was
filed by the respondent O.S. No.59 of 2014, and the
judgment was passed on 13.06.2014, whereby the
appellant paid the respondent Rupees Two Lakh, and
this judgment was challenged before the High Court, and
the said O.S. No.59 of 2014, and the matter was
remanded back to the Family Court, Haridwar, and
thereafter she withdrew the said divorce petition.
2024:UHC:7329-DB
5. One petition under section 125 of CrPC, filed
on 02.05.2018, in which the interim maintenance
application of respondent was rejected on 09.08.2019,
as she already accepted the compromise notarized on
22.09.2010, where she had received Rupees Three Lakh,
as permanent alimony.
6. In the present case, keeping in view that the
marriage was solemnized on 17.04.2000, and they had
no child from this marriage, it was a dead marriage. On
05.09.2024, learned counsel for the appellant sought
time to get instructions as to whether the appellant is
ready to give Rupees Three Lakh, as permanent alimony
to the respondent.
7. Today, when the case was taken up, learned
counsel for the appellant has produced a demand draft
no.070715, dated 19.07.2024, of Rupees Three Lakh,
issued by the Central Bank of India, Gurukul, which he
shall deposit in the Registry of this Court. At this stage,
learned counsel for the respondent says that he has no
instructions from the respondent/wife. However, keeping
in view that even on the earlier occasion the respondent
had accepted as per the compromise dated 22.09.2010,
2024:UHC:7329-DB
she had accepted Rupees Three Lakh, as permanent
alimony, and as per the notarized compromise dated
22.09.2010. As per the appellant, he had paid Rupees
Two Lakh to the respondent/wife, after the judgment
dated 13.06.2014, in O.S. No.59 of 2014.
8. Since the appellant has placed on record a
copy of the draft of Rupees Three Lakh, and there is no
child from this marriage, the marriage between the
parties is a dead marriage in view of the judgment of the
Hon'ble Supreme Court.
9. The relevant details of the present appeal are
as follows:-
Date of marriage. 17.04.2000
Date of separation. Since 2006
Details of the criminal -
proceedings between the
parties.
Issues from the marriage. None.
Decision of the Family Court. divorce petition under section 13
(1) (ia) (ib) under the Hindu
Marriage Act, has been dismissed
Permanent Alimony Rs.3,00,000/-.
Reliance placed on the 1. Samar Ghosh v. Jaya Ghosh,
(2007) 4 SCC 511.
judgments of the Hon'ble
Supreme Court that marriage 2. Shilpa Sailesh v. Varun
Sreenivasan, 2023 SCC
is dead after a long period of
OnLine SC 544.
seperation.
3. Prakashchandra Joshi v.
Kuntal Prakashchandra
Joshi @ Kuntal Visanji
Shah, 2024 INSC 55.
2024:UHC:7329-DB
10. A divorce is granted to the appellant/husband
on the ground of dead marriage, and mental cruelty. A
demand draft of Rupees Three Lakh, shall be deposited
with the Registry of this Court, which can be taken by
the respondent/wife within 90 days' and if it is not taken
by the respondent, it will be presumed that she does not
want to take any permanent alimony.
11. In view of the above, the first appeal stands
allowed.
______________
RITU BAHRI, C.J.
___________________
RAKESH THAPLIYAL, J.
Dt: 03rd October, 2024
NR/
NITESH
OF UTTARAKHAND,
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RAWAT
postalCode=263001,
st=UTTARAKHAND,
serialNumber=F691686B3C44743
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cn=NITESH RAWAT
Date: 2024.10.08 09:50:04 +05'30'
