Uttarakhand High Court
25 July vs Bhawna Bora on 25 July, 2025
2025:UHC:6591
HIGH COURT OF UTTARAKHAND AT NAINITAL
Second Appeal No.156 of 2023
25 July, 2025
Basant Singh Aire --Appellant
Versus
Bhawna Bora --Respondent
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Presence:-
Mr. Chandramauli Sah, proxy counsel for Mr. Amit Kapri, learned
counsel for the Appellant.
Mr. Deep Prakash Bhatt, learned counsel for the respondent.
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The appellant filed Hindu Marriage Suit No.137
of 2018 "Basant Singh Aire Vs. Bhawna Bora" for decree
of divorce under Section 13(1)(i-a)(i-b) of The Hindu
Marriage Act, 1955 contending that marriage of the
appellant was solemnized with the respondent on
24.04.2015 at Pithoragarh and since October 2016 the
parties are living separately. The said suit was dismissed
on 21.03.2023 and Appeal No.2 of 2023 preferred against
judgment dated 21.03.2023 by the appellant was also
dismissed on 30.09.2023. Challenging the aforesaid
orders, the present second appeal has been filed.
2. During the pendency of the second appeal, a
Compromise Application No. IA/1/2025 has been filed by
the appellant and the respondent supported by joint
affidavit of the parties. The contents of the said
2025:UHC:6591
application are reproduced herein below:-
"2- That during the pendency of this appeal before
this Hon'ble Court, parties of the appeal have decided to
resolve the matter amicably and the respondent wants
to decreed the divorce suit of the appellant/plaintiff
divorce under section 13(1)(ia)(ib) of The Hindu Marriage
Act, 1955.
3- That on the basis of this compromise application
the respondent asked to the appellant to pay her a
permanent alimony worth Rs. 30 lakh, so that she
agrees to withdraw all the cases filed by her against the
appellant in different courts if pending any and
thereafter not to file any other fresh cases against the
appellant and also will remit the monthly maintenance
amount from the date of filing of this application and for
which the appellant is ready to pay the afore-said
amount, as permanent alimony, to the respondent, so
that the parties to this appeal live with in peace and
harmony.
4- That the appellant will pay Rs. 30 lakh, as
permanent alimony, to the respondent, half of which
along with the streedhan prior to filing of this petition
and rest half before the Hon'ble Court by way of
demand draft or cheque in the name of respondent and
the respondent will withdraw all cases against the
appellant if pending in any other court and also will
remit monthly maintenance forever from the date of
filing of this affidavit and not demand any further
amount or dues from the appellant, neither file any
fresh cases.
5- That in view of the afore-said facts and
circumstance this Hon'ble Court may graciously be
pleased to decreed the divorce suit divorce under
section 13(1)(ia)(ib) of The Hindu Marriage Act, 1955 of
the appellant on the basis of this compromise arrived
between the parties and dissolved the marriage of
appellant and respondent solemnised on 24/04/2015
and consequent thereof allow the second appeal of the
appellant."
3. Learned counsel for the parties have prayed
that in view of the compromise reached between the
parties, the second appeal of the appellant may be
allowed and marriage of the appellant with the
respondent solemnized on 24.04.2015 be dissolved by
decreeing the divorce suit filed by the appellant.
2025:UHC:6591
4. A Division Bench of this Court in First Appeal
No.12 of 2021, "Ashish Kumar Jain Vs. Priya Jain" while
considering a similar issue took note of the judgment
passed by Hon'ble Apex Court in the case of Amardeep
Singh Vs. Harveen Kaur (2017) 8 SCC 746 and
granted liberty to the parties to file a petition for
dissolution of marriage by decree of divorce with mutual
consent under Section 13-B(1) & (2) of the Hindu
Marriage Act along with an application for waiving off the
statutory period of six months before the concerned
Family Court.
5. Judgment of the Hon'ble Apex Court in the
case of 'Amardeep Singh' (supra) was also considered by
Constitutional Bench of the Hon'ble Apex Court in the
case of Shilpa Shailesh Vs. Varun Sreenivasan (2023)
14 SCC 231.
6. Learned counsel for the parties submit that
their case is covered by the judgment passed by the
Division Bench of this Court in the case of 'Ashish Kumar
Jain Vs. Priya Jain' and pray that liberty may be granted
to them to file a petition before the Civil Judge (Senior
Division) Pithoragarh for dissolution of marriage by
decree of divorce with mutual consent and the learned
Court below may also be directed to consider their
application for waiving off the statutory period of six
2025:UHC:6591
months.
7. The present second appeal is disposed of in
terms of the judgment rendered by Division Bench of this
Court in First Appeal No.12 of 2021, "Ashish Kumar Jain
Vs. Priya Jain" by granting liberty to the parties to file
petition for dissolution of marriage with mutual consent
before the Civil Judge (Senior Division) Pithoragarh on
the basis of compromise arrived at between the parties.
8. If such petition is made by the parties for
dissolution of marriage with mutual consent on the basis
of compromise reached between the parties along with
application for waiving off statutory period of six months,
then the same shall be considered by Civil Judge (Senior
Divison) Pithoragarh in the light of the judgment passed
by the Division Bench of this Court as referred above.
9. Pending Application, if any, also stands
disposed of.
(Subhash Upadhyay, J.)
25.07.2025
SS
SUKHBANT
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9a8a6380d49b1885e628615, postalCode=263001,
SINGH
st=UTTARAKHAND,
serialNumber=2D8B71B8D8E345F6B7F95B1DD4FB4BEBD2
B7D72C42261361AED33172F152148D, cn=SUKHBANT
SINGH
Date: 2025.07.30 10:32:37 +05'30'
