Citation : 2024 Latest Caselaw 2309 UK
Judgement Date : 3 October, 2024
2024:UHC:7369-DB
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI
AND
HON'BLE SRI JUSTICE RAKESH THAPLIYAL
03RD OCTOBER, 2024
FIRST APPEAL No. 07 OF 2024
Jagprit Kaur.
...Appellant
Versus
Jasmeet Singh.
...Respondent
Counsel for the appellant. : Mr. Mukesh Singh Rawat, learned
counsel.
Counsel for the respondent. : Ms. Abhilasha Tomar, learned counsel
holding brief of Mr. Sandeep Kothari,
learned counsel.
JUDGMENT :
(per Ms. Ritu Bahri, C.J.)
Both the parties are present in Court today.
They submit that they are living happily together since
12.09.2024. They have appeared before this Court,
along with their minor daughter - Sehaj Kaur. Both the
parties have filed their respective affidavits in the Court
today. The said affidavits are taken on record.
2. In her affidavit filed by the appellant, she has
stated that after interaction with both the parties, it was
decided that both the husband and wife are ready to live
together. The appellant has given an undertaking that
2024:UHC:7369-DB
she is ready to withdraw a case of maintenance bearing
number 'CMC 03/2024' pending before Family Court
Sambalpur, Odisha, and all other pending cases filed by
her against the respondent. She further undertakes that
she will withdraw all the pending cases filed against the
respondent-husband, either on the next date of listing,
or within one month, whichever would be earlier.
3. In his affidavit filed by the respondent-
husband, he has stated that after interaction with both
the parties, it was decided that both the husband and
wife are ready to live together. The respondent-husband
has given an undertaking that he is ready to withdraw
all the pending cases, if any, filed by him against the
appellant-wife. The respondent-husband further
undertakes that he will withdraw all the pending cases, if
any, filed against the appellant-wife either on the next
date of listing, or within one month, whichever would be
earlier.
4. Keeping in view the affidavits filed by the
parties, this Appeal is disposed of. The Divorce Petition
filed by the respondent-husband being Original Suit No.
185/2022 before the Principal Judge, Family Court,
2024:UHC:7369-DB
Dehradun, under Section 13(1)(1A) of the Hindu
Marriage Act, 1955 is, accordingly, dismissed.
5. Pending application(s), if any, also stand
disposed of accordingly.
______________ RITU BAHRI, C.J.
__________________ RAKESH THAPLIYAL, J.
Dt: 03rd October, 2024 Rahul
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT
2.5.4.20=aa4fa3bee6691397758b14516ed3e66e61bf4c84874198 3ed8c39e4145cf1dab, postalCode=263001, st=UTTARAKHAND, serialNumber=303B55CC3063D34AC45BF8A192FCAD15C390A1 AAD7B39857D2540AE4C28A4898, cn=RAHUL PRAJAPATI Date: 2024.10.04 12:37:44 +05'30'
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