Uttarakhand High Court
Dhruv Jain vs Sakshi Jain on 5 September, 2024
2024:UHC:6406-DB
HIGH COURT OF UTTARAKHAND AT NAINITAL
HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI
AND
HON'BLE SRI JUSTICE RAKESH THAPLIYAL
5th September, 2024
FA NO. 27 Of 2024
Dhruv Jain .......Appellant.
Versus
Sakshi Jain .......Respondent
Counsel for the appellant : Mr. Shubhang Dobhal and Mr. Sagar
Gaur, leaned counsel.
Counsel for the respondent : Mr. Piysuh Garg, learned counsel
JUDGMENT :
(per Ms. Ritu Bahri, C.J.)
The instant First Appeal has been filed by the
appellant-husband against the judgment and decree
dated 17.01.2024 passed by the Principal Judge, Family
Court, Dehradun in Original Case No. 581 of 2021 titled
as 'Smt. Sakshi Jain vs. Dhruv Jain', whereby the suit
filed by the respondent/plaintiff under Section 13(i-a) &
(i-b) of the Hindu Marriage Act, has been decided ex
parte.
2. Counsel for the respondent has handed over a
Misc. Compromise Application, along with Affidavits of
both the appellant as well as the respondent, in the
Court today, whereby both the parties have entered
into a Compromise. The Application and the Affidavits
filed therewith are also part of this Compromise. The
relevant conditions of the Compromise are as under:-
2024:UHC:6406-DB
"a. That the decree as passed by the Learned
Court below be maintained as it is, so far as grant
of decree of divorce and dissolution of marriage
between the parties is concerned.
b. That instead of an amount of Rs. 30,00,000/-
directed by the Learned Court below to be paid by
the appellant to the respondent in lieu of one time
permanent alimony, Stridhan, Jewellery, and other
articles given to the appellant at the time of
engagement and marriage, the appellant shall pay
a sum of Rs. 15,00,000/- (Rs. Fifteen Lakhs only)
in total to the respondent as against all aforesaid
heads and will further return one necklace set with
earrings to the respondent which was purchased
by the respondent out of her first salary and one
ancestral bangle of the respondent. The necklace
set and the bangle will be handed over and a sum
of Rs. 15,00,000/- by way of demand draft will be
paid by the appellant to the respondent at the
time of hearing of the compromise application
between the parties before the Hon'ble High
Court.
3. In Paragraph-4 of the Misc. Application, it is also
stated that all civil and criminal cases will be
withdrawn.
4. The Affidavits filed by the appellant-Dhruv Jain
and by the respondent-Sakshi Jain are also part of this
Application. The same are taken on record.
5. Jewellery and a Demand Draft of Rs. 15 Lacs have
been handed-over to the respondent in the Court today.
6. Counsel for the parties have further informed that
there is one case of criminal case under Section 498A
of I.P.C. and two criminal cases under Domestic
Violence, which are pending between the parties.
7. It is stated by the respondent, who is present in
2024:UHC:6406-DB
the Court, that all the three criminal cases will be
withdrawn after filing a petition under Section 482 of
Cr.P.C. on the basis of this compromise entered into
between the parties.
8. The judgment of divorce granted to the appellant
is being modified in view of the compromise entered
between the parties with respect to permanent alimony
and pending criminal cases.
9. In case the criminal cases are not quashed, any of
the party will be at liberty to file an affidavit for review
of this order.
10. The Appeal stands disposed of accordingly.
______________
RITU BAHRI, C.J.
__________________
RAKESH THAPLIYAL, J.
Dt: 5th September, 2024
Rathour
PRAVIND Digitally signed by PRAVINDRA S RATHOUR
DN: c=IN, o=HIGH COURT OF
UTTARAKHAND, ou=HIGH COURT OF
UTTARAKHAND,
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d9e3aeb1097d17dbb53d481cabd25946ee
d, postalCode=263001, st=UTTARAKHAND,
serialNumber=1F65499E931DF71CDAF92A
RATHOUR
40CC6179B8E010331BA695239171F906FD
5C45C4E8, cn=PRAVINDRA S RATHOUR
Date: 2024.09.17 15:20:32 +05'30'
