CRLR/63/2025
2026 Latest Caselaw 1129 UK

Uttarakhand High Court

CRLR/63/2025 on 17 February, 2026

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

                                                                       2026:UHC:1046
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      Date    or directions                    COURT'S OR JUDGE'S ORDERS
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                               CRLR No. 63 of 2025
                               Hon'ble Rakesh Thapliyal, J.

1. Ms. Priyanka Agrawal, learned counsel for the revisionist.

2. Mr. Karan Anand, learned counsel for the respondent.

3. The instant revision has been preferred by the revisionist, who is the husband, against the order granting maintenance to respondent-wife.

4. On 10.02.2026 after taking into consideration that the dispute is nothing but appears to be a matrimonial dispute, therefore, the efforts may be made for their amicable settlement. Both the parties were asked to be present in court. Today both are present and in the pre-lunch session were directed to appear before the counsellor and the counsellor interact with both of them and submitted its report and after perusing the report this court also further interact with both of them. The sister and the brother-in-law of the respondent-wife are also present, this court also interact with them. Though the revisionist- husband is ready to settle the dispute and to live with the wife by tendering apology for his mistakes he has committed but the wife is not willing to live with the husband and strictly refused. Not only this, the sister and the brother- in-law of the respondent-wife also submits that they are not willing to unite both of them.

5. In such view of the matter, there is no option except to permit both the parties to seek divorce by way of mutual consent.

6. Learned counsel for the revisionist informed to this court that a sum of Rs. 4,50,000/- has already been deposited in the Family Court and in addition to this he will pay additional amount of Rs. 3 lakhs within two months. This entire amount i.e. Rs. 4,50,000/- as deposited in the Family Court and the additional amount of Rs. 3 lakhs be treated as an amount towards the permanent alimony.

2026:UHC:1046

7. In such view of the matter, the instant revision is disposed of finally by directing both the parties to immediately approach to the Family Court within 15 days from today and file a divorce petition by way of mutual consent and if such a petition is filed seeking divorce by way of mutual consent then the court concerned shall disposed of the same within one month thereafter by giving one more chance to both the parties to think over again. If the concerned court comes to the conclusion that a divorce decree should be passed by way of mutual consent he may do so within the aforesaid period.

8. The remaining amount of Rs. 3 lakhs will be paid by the revisionist to the wife on the day when the final decree of divorce will be passed by the concerned court.

9. Both the parties are also given liberty to take all other plea before the concerned court.

(Rakesh Thapliyal, J.) 17.02.2026 PR 2026:UHC:1046