Ujjawal Jain vs Vidhika Agarwal

Ritu Bahri, CJ

The appellant has come up in Appeal against the order dated 15.02.2024 passed by the Judge, Family Court, Haldwani, Nainital in Original Suit No. 395/2023. The marriage of the parties was solemnized on 08.08.2022 as per Hindu Rites and Rituals, and there is no child from this wedlock. The matrimonial discord arose between the parties, and they started living separately since 03.10.2022, and thereafter they decided to dissolve the marriage by mutual consent. However, the Petition, under Section 13-B of the Hindu Marriage Act, 1955 was dismissed, on the ground that the waiving of cooling period of six months cannot be done by the Family Court.

On 13.03.2024, on a joint request made by learned counsel for the parties, this Appeal was treated to be a Petition under Section 13-B of the Hindu Marriage Act, 1955, and both the parties were directed to be present before this Court on the next date.

Today, when the case was taken up, counsel for the appellant has handed over a Draft of Rs. 20,00,000/- to the respondent, who is present in Court today. No other claim is there by either of the party.

Affidavit of Ujjawal Jain is taken on record as Annexure R1, and affidavit of Vidhika Agarwal is taken on record as Annexure R2. As per the affidavits, it has been stated that all the disputes have been resolved between them, after payment of Rs. 20,00,000/- by the appellant to the respondent, as permanent alimony.

Keeping in view that no dispute is there between the parties, this Petition, under Section 13-B of the Hindu Marriage Act, 1955 is being allowed, and marriage of the parties is being dissolved.

Pending application(s), if any, also stand disposed of accordingly.