Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF UTTARAKHAND AT NAINITAL First Appeal No. 98 of 2025 Poonam
......Appellant Versus Bhuwan Chandra Sanwal
….Respondent
Present: Ms. Sheetal Selwal, Advocate for the appellant Ms. Sudha Tamta, Advocate for the respondent.
Coram: Hon’ble Ravindra Maithani, J.
Hon’ble Alok Mahra, J.
Hon’ble Ravindra Maithani, J.(Oral)
Instant appeal is preferred against the judgment and order dated 25.11.2024, passed in Civil Case No. 38 of 2023, Smt. Poonam Vs. Bhuwan Chandra Sanwal, by the court of Principal Judge, Family Court, Nainital. By it, petition filed by the appellant under Section 13 (1) (i-a) (i-b) of the Hindu Marriage Act, 1955 (“the Act”) has been rejected.
2.
During the course of hearing, a possibility was explored as to whether the parties could settle the dispute amicably and accordingly, the matter was referred to the Mediation Centre of this Court.
3.
Learned counsel for the parties submitted that the parties have settled the dispute amicably and decided to stay separate. They have reduced their settlement agreement in writing in the mediation proceedings.
2
4.
Both the parties are present in person before this Court identified by their respective counsel. They submitted that they have decided to stay separate and their marriage may be considered as dissolved.
5.
In the settlement/agreement recorded in the mediation proceedings, it is recorded that the parties would file a joint petition under Section 13 B of the Act. But, both the parties submit that their marriage may be dissolved based on this settlement; they have decided to stay separate.
6.
Respondent who is present in person submits that he has come with Rs.1,50,000/-, which he is giving to the appellant.
7.
Since, the parties have amicably settled the dispute. The appeal is decided accordingly. The settlement/agreement dated 28.10.2025 recorded by the parties before the Mediation Centre of this Court shall form part of this order. From today, the marriage between the parties stands dissolved.
(Alok Mahra, J.) (Ravindra Maithani, J.) 23.12.2025 23.12.2025
Jitendra