Citation : 2025 Latest Caselaw 5404 UK
Judgement Date : 10 November, 2025
2025:UHC:9890
Office Notes,
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Signatures
SA No. 66 of 2025
Hon'ble Rakesh Thapliyal, J.
1. Mr. B.S. Adhikari, learned counsel for the appellant.
2. Mr. Devesh Upreti, learned counsel for the respondent.
3. The instant second appeal has been preferred by the plaintiff/appellant Ravindra Bhatt against the judgment and order dated 27.03.2025 passed by the learned District Judge Champawat in FA No. 10 of 2023 Pooja Bhatt vs. Ravindra Bhatt.
4. The brief facts of the case are that the present appellant married with the respondent on 07.05.2019, however, due to some differences in between both of them, they are due to which living separately and then the present appellant filed a suit for divorce under Section 13 1 (1A) of Hindu Marriage Act which was allowed on 08.11.2023 and divorce decree was prepared on 20.11.2023.
5. Being aggrieved with the judgment and decree passed by the trial court in the divorce suit filed by the appellant, the defendant/wife Smt. Pooja Bhatt preferred first appeal bearing FA No. 10 of 2023, which was allowed on 27.03.2025 and the judgment and decree passed by the trial court was set aside. Now being aggrieved with the judgement passed by the first appellate court the instant second appeal has been preferred.
6. Though, the second appeal has not yet been admitted, however, during the pendency, both the parties have resolved their disputes amicably by entering into a written compromise on 30.10.2025, and as per the compromise the present appellant agree to pay a lump sum amount of Rs. 21 lakh to the respondent/wife towards full and final settlement of maintenance by way of 2025:UHC:9890 demand draft no. 969261 dated 29.10.2025, issued by State Bank of India, Champawat Branch in favour of the respondent-Pooja. In the compromise, it is also agreed that the appellant shall return all goods belonging to the respondent.
7. In para-4 of the compromise it is also agreed that both the parties apply before the High Court for confirmation of the decree of divorce dated 20.11.2023 passed by the Civil Judge (Senior Division) Champawat in Family Case No. 157 of 2021 so that the dissolution of marriage by mutual consent may attain finality.
8. In para- 5 it is also agreed by the parties that they withdraw all civil and criminal proceedings arising out of matrimonial disputes and have undertaken not to initiate any future litigation in respect thereof.
9. The copy of compromise is also filed along with IA No. 01 of 2025 signed by both the parties as well as the counsel for both the parties.
10. Since, now the parties have settled their dispute which is reflected from the written compromise dated 30.10.2025 and both the parties are also present before this Court and this Court also interact with each of them and they also submit that they have settled their all disputes and as such the instant appeal be disposed of by settling aside the order of the first appellate court by confirming the judgment and decree passed by the trial court with slight modification that the divorce is granted in between both the parties in terms of of the compromise entered between both of them on 30.10.2025.
11. Mr. B.S. Adhikari also handed over the draft of Rs. 21,00,000/- towards permanent alimony to the respondent/wife dated 29.10.2025 photocopy of which is also placed on record. He also apprise to this Court that all belonging to the respondent has already been handed over which has been admitted by the respondent.
2025:UHC:9890
12. In view of the subsequent development, that the parties have settled their dispute by way of entering into compromise instant second appeal is disposed of in terms of the compromise and the judgment and order passed by the first appellate court is set aside and the judgment and decree passed by the trial court is modified by treating the same to be based upon the compromise entered between the parties and divorce granted by the trial court is treated to be divorce by way of mutual consent.
(Rakesh Thapliyal, J.) 10.11.2025 Nahid
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