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High Court of Uttarakhand · body

2025 DAILYLAW 14722 (UTT)

ANIL KUMAR v. STATE OF UTTARAKHAND

C528/532/2024 · 2025-12-09

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528 No. 532 of 2024 Hon'ble Rakesh Thapliyal, J. 1. Mr. Bhupendra Singh Bora, learned counsel for the applicant. 2. Mr. Siddhant Manral, learned counsel for the respondent. 3. The learned counsel for the applicant apprise to this Court that various attempts have been made for the amicable settlement in between the parties so that they may live together with their minor child. Even the matter was also referred to the Counsellor and after perusal of the Counsellor report this Court also observed that there is possibility of amicable settlement. He also apprise to this Court that the respondent/wife left her minor child with the applicant and left for her matrimonial house and she did not turn up to live with the applicant. 4. In such eventuality, it appears that there is no possibility of amicable settlement. 5. In such view of the matter since on the earlier occasion, taking into consideration that there is possibility of amicable settlement the applicant was directed to withdrew the divorce petition and pursuant thereto he withdrew the divorce petition, now there is no possibility of amicable settlement in between the parties, in such view of the matter the applicant is at liberty to move proper application before the concerned court to revive his divorce petition. So far as maintenance part is concerned, admittedly now the child is living with the applicant, therefore, the applicant shall not pay any maintenance with respect to the child. So far as maintenance to the wife is concerned the applicant shall pay regularly to the respondent/wife. Still if the wife wants to restore the matrimonial life, she is given liberty to approach to the competent court by moving an application under Section 9 of Hindu Marriage Act for restitution of conjugal rights. 6. In such view of the matter the proceeding of instant C528 application is closed. (Rakesh Thapliyal, J.) 09.12.2025 Parul