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Judgment
9 paragraphs · 344 wordsRitu Bahri, CJ
1) Both the parties are present in the Court today.
2) The appellant-wife is present in the Court, and she says that she has received rupees ten lakhs out of rupees twenty lakhs, and the respondent-husband has also affirmed said fact.
3) The respondent-husband has handed over a draft of rupees ten lakhs to the appellant-wife in the Court today. All the terms of the compromise have been completed today.
4) The present appeal under Section 19 of the Family Courts Act is suo motu converted into petition under Section 13B divorce petition of the Hindu Marriage Act.
5) The marriage of the parties was solemnized on 19.04.2012, at Lake Garden Wedding Point, Near Raja Ram Mohan Rai Academy, Dehradun, as per Hindu rites and rituals. After the marriage the parties got separated in November 2012. The respondent-husband filed a petition for divorce (Annexure No. 1), which was decreed ex-parte on 07.09.2021, and the appellant-wife had filed an application for setting aside this ex-parte decree, which is still pending before the Family Court, Dehradun.
6) In the present petition, the appellant-wife has challenged the order dated 02.05.2022, whereby her application under Order 6 Rule 17 CPC was dismissed. Since the parties have now amicably resolved their disputes, and their affidavits to this effect are already on record, and today the last payment of rupees ten lakhs has been made, and accepted by the appellant-wife, it will be in the interest of justice that marriage between the parties be dissolved by granting a decree of divorce to them.
7) Consequently, the petition under Section 13B of the Hindu Marriage Act is allowed. The marriage between the appellant and the respondent is hereby dissolved by a decree of divorce on the conditions agreed between the parties. The respondent-husband shall be at liberty to withdraw the petition pending before the Family Court, Dehradun.
8) Parties are not in dispute that the appellant-wife had withdrawn her application seeking maintenance under Section 125 Cr.P.C. from the court of Additional Judge, Family Court, Roorkee, Haridwar, on 04.04.2024.