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2025 DAILYLAW 14806 (UTT)

PRAMENDRA SINGH v. MINA

FA/78/2021 · 2025-12-31

Ashish Naithani, Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL First Appeal No. 78 of 2021 Pramendra Singh ......Appellant Versus Smt. Mina ….Respondent Present: Mr. Reituparna Joshi, Advocate, holding brief of Mr. Shivanand Bhatt, Advocate for the appellant Mr. Himanshu Aswal, Advocate, holding brief of Mr. Navinish Negi, Advocate for the respondent. Coram: Hon’ble Ravindra Maithani, J. Hon’ble Ashish Naithani, J. Hon’ble Ravindra Maithani, J.(Oral) Instant appeal is preferred against the judgment and order dated 31.08.2021, passed in Matrimonial Case No. 41 of 2018, Pramendra Singh Vs. Smt. Mina, by the court of Judge, Family Court, Pauri Garhwal. By it, petition seeking divorce filed by the appellant under Section 13 (1) (i-a) (i-b) of the Hindu Marriage Act, 1955 (“the Act”) has been rejected. 2. Heard learned counsel for the parties and perused the record. 3. Learned counsel for the parties submitted that the parties have settled the dispute amicably and decided to stay separate and their marriage be dissolved. It is argued that parties have filed Misc. Application (IA) No. 3 of 2025 along with the affidavits which records the terms of the agreement which are follows:- “A. Shri Pramendra Singh S/o Sukhdev Singh Gusain (Husband/Appellant) will make a registry of the House situated Village Tal PO Tal, Ghudorsyun, District Pauri 2 Garhwal in the name of his Son i.e. Lakshya Gosain S/o Pramendra Singh and his present wife (Wife/Respondent) i.e. Smt. Mina W/o Pramendra Singh. B. Shri Pramendra Singh S/o Sukhdev Singh Gosain will present a Bankers cheque/D.D. of Rs. Six Lakhs Fifty Thousand to the Respondent/Wife i.e. Mina W/o Pramendra Singh.” 4. The appellant Pramendra Singh is present in person before this Court and the respondent Smt. Mina has joined the proceedings through video conferencing identified by their respective counsel. Both the parties agreed to the terms of settlement, which have been stated hereinbefore. They submitted that they have decided to stay separate and their marriage may be considered as dissolved. 5. Since, the parties have amicably settled the dispute. The appeal is decided accordingly. Subject to the following conditions, the marriage between the parties stands dissolved:- (i) Shri Pramendra Singh S/o Sukhdev Singh Gusain (Husband/Appellant) will make a registry of the House situated in Village Tal PO Tal, Ghudorsyun, District Pauri Garhwal, in the name of his Son i.e. Lakshya Gosain S/o Pramendra Singh and his present wife (Wife/Respondent) i.e. Smt. Mina W/o Pramendra Singh. (ii) Shri Pramendra Singh S/o Sukhdev Singh Gosain will present a Bankers cheque/D.D. of Rs.6,50,000/- (Rs. Six Lakhs Fifty Thousand) to the Respondent/Wife i.e. Mina W/o Pramendra Singh.” (Ashish Naithani, J.) (Ravindra Maithani, J.) 31.12.2025 31.12.2025 Jitendra