Uttarakhand High Court
Smt. Gauri vs Ayush Agarwal on 15 September, 2025
Author: Ravindra Maithani
Bench: Ravindra Maithani
HIGH COURT OF UTTARAKHAND AT NAINITAL
Appeal From Order No. 303 of 2024
Smt. Gauri ..........Appellant
Vs.
Ayush Agarwal ........ Respondent
Present : Mr. Rajat Mittal, Advocate for the appellant.
Mr. M.C. Kandpal, Senior Advocate assisted by Mr. Devesh Kandpal,
Advocate for the respondent.
JUDGMENT
Coram: Hon'ble Ravindra Maithani, J.
Hon'ble Alok Mahra, J.
Hon'ble Ravindra Maithani, J. (Oral)
The challenge in this appeal is made to the order dated
29.05.2024, passed in Case No.76 of 2023, Ayush Agarwal Vs. Smt.
Gauri, by the court of Judge, Family Judge, Kashipur, District
Udham Singh Nagar ("the case"), by which, an application under
Order 9 Rule 7 of Code of Civil Procedure, 1908 preferred by the
appellant has been dismissed.
2. Heard learned counsel for the parties and perused the
record.
3. During the course of hearing, it was told to the Court
that the parties have settled the dispute amicably. The parties are
now willing to stay separate. Even today, the Court interacted with
the appellant Gauri through video conferencing. She submits that
she has settled the dispute; she does not want to stay with the
respondent Ayush Agarwal; they want to live separate; she wants to
close all the matters; the mother of the appellant has filed an
affidavit dated 09.06.2025 and the respondent has also filed an
affidavit dated 03.06.2025, giving terms and condition of the
agreement that has been arrived between the parties.
4. The respondent Ayush Agarwal has also joined the
proceedings through video conferencing. He submits that he has
moved the petition for divorce; he also wants to settle the cases; he
also wants to stay separate. According to him, he has given
Rs.18,50,000/- to the appellant, as per terms and conditions of the
settlement and the jewellery has already returned and now today,
gold ring, gold chain and earrings are being returned to the
appellant. In fact, in the presence of the Court, some jewellery has
been returned to the learned counsel for the appellant by the
learned counsel for the respondent.
5. The appellant Gauri accepted before the Court that she
has received all the jewelleries and Rs.18,50,000/- from the
respondent. Both, the respondent and the appellant accepted that
now, they would stay separate and would abide by the terms and
conditions of the settlement, which have been incorporated in the
affidavits (affidavit of the mother of the appellant dated 09.06.2025
and affidavit of the respondent dated 03.06.2025).
6. The respondent would submit that he has already filed
a petition seeking divorce, therefore, the court below may be
directed to expedite the hearing.
7. Since, parties have arrived at a settlement between
them, it is expected from the court below that the petition that has
been filed by the respondent under Section 13 of the Hindu
Marriage Act, 1955 be decided as expeditiously as possible. Both
the parties are living abroad, therefore, whenever their presence is
required, it may be ensured through video conferencing.
8. In view of what is stated above, learned counsel for the
appellant would submit that he does not press the appeal and
withdraws it. The appeal stands dismissed as withdrawn with the
observations, as made hereinabove.
(Alok Mahra, J.) (Ravindra Maithani, J.)
15.09.2025
Sanjay
SANJAY
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
2.5.4.20=e50e50b49596520698eff87e0a08bbd50
4686df4d1afc60f54a287831dec46fe,
KANOJIA
postalCode=263001, st=UTTARAKHAND,
serialNumber=26EEB7122ED0DD23233A255DD8
EC450A84B515A087CAEFD1B3179A7DEAE40699,
cn=SANJAY KANOJIA
Date: 2025.09.17 17:34:21 +05'30'
