Sushil Kumar Gaur vs Smt. Asha Gaur
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Uttarakhand High Court

Sushil Kumar Gaur vs Smt. Asha Gaur on 3 October, 2024

                                                       2024:UHC:7334-DB


     HIGH COURT OF UTTARAKHAND AT NAINITAL
     HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI
                       AND
      HON'BLE SRI JUSTICE RAKESH THAPLIYAL
                3RD OCTOBER, 2024

                      A.O. NO. 83 Of 2022
Sushil Kumar Gaur                                    .......Appellant

                             Versus



Smt. Asha Gaur                                      .......Respondent

Counsel for the appellant     :       Mr. Shivanand Bhatt, learned counsel.
Counsel for the respondent    :       Mr. Mukesh Kumar Kapruwan, learned
                                      counsel for the respondent.



JUDGMENT :

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

The instant Appeal has been filed by the appellant-

Sushil Kumar Gaur against the impugned order dated

10.02.2021 passed by the Judge, Family Court, Tehri

Garhwal in Misc. Case No. 2 of 2019 titled as 'Smt.

Asha Gaur vs. Sushil Gaur' arising out of O.S. No. 12 of

2017 titled as 'Sushil Kumar Gaur vs. Smt. Asha Gaur'

under Section 13(1) of the Hindu Marriage Act, 1955.

2. Pursuant to the order dated 17th May, 2024, this

Appeal was converted into a petition filed under Section

13B of the Hindu Marriage Act, 1955, which was

adjourned so that the conditions of the compromise

entered between the parties, which were reduced into

2024:UHC:7334-DB writing, could be complied with.

3. Today the case was taken up.

4. As per I.A. No. 4 of 2024, an Affidavit of

appellant-Sushil Kumar Gaur has been filed, wherein

he has placed on record the order dated 16.05.2024

(Annexure-1 to the Application), where the conditions

of the compromise entered between the parties have

been reduced into writing. It is stated that the entire

payment has already been made and all the conditions

have been complied with. The bank statement has

been placed on record (Annexure-2 to the Application).

5. Counsel for the respondent is not disputing the

compromise entered between the appellant and the

respondent as well as the bank transactions (Annexure-

2 to the Application).

6. Since all the conditions of the compromise entered

between the parties have already been complied with,

the order dated 10.02.2021 passed by the Judge,

Family Court, Tehri Garhwal in Misc. Case No. 2of 2019

titled as 'Smt. Asha Gaur vs. Sushil Gaur' arising out of

O.S. No. 12 of 2017 titled as 'Sushil Kumar Gaur vs.

Smt. Asha Gaur' under Section 13(1) of the Hindu

Marriage Act, 1955, is set aside and both the parties

are granted divorce under Section 13B of the Hindu

2024:UHC:7334-DB Marriage Act, 1955.

7. Accordingly, the instant Appeal stands disposed of.

______________

RITU BAHRI, C.J.

__________________ RAKESH THAPLIYAL, J.

Dt: 3rd October, 2024 Rathour

PRAVIND

RA S 2.5.4.20=23699ccc2fd40ad81b6fd1332377 9d9e3aeb1097d17dbb53d481cabd25946e ed, postalCode=263001, st=UTTARAKHAND,

RATHOUR serialNumber=1F65499E931DF71CDAF92 A40CC6179B8E010331BA695239171F906F D5C45C4E8, cn=PRAVINDRA S RATHOUR Date: 2024.10.04 12:28:00 +05'30'