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High Court of Uttarakhand · body

2025 DAILYLAW 320 (UTT)

ZAHID HUSSAIN v. EURAM

CRLR/121/2026 · 2026-04-16

Rakesh Thapliyal

body2025

Judgment text

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SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS CRLR/855/2025 CRLR/121/2026 Hon’ble Rakesh Thapliyal, J. 1. Mr. S. K. Pandey, learned counsel for the revisionist – husband. 2. Mr. B.C. Joshi, learned AGA for the State. 3. Mr. A.K. Sah, learned counsel for the respondent - wife. 4. These two revisions have been preferred by the revisionists against the order passed by Principal Judge, Family Court, Nainital granting interim maintenance to the wife. 5. On 23.03.2026, both the parties were directed to appear before the Counsellor and simultaneously, they were directed not to pursue the proceedings against each other. The Counsellor submitted its report on 01.04.2026. 6. This Court perused the report of the Counsellor and after perusal of the same, this Court comes to the conclusion that there is no possibility for their amicable settlement, therefore, this Court is of the view that they may seek divorce by way of mutual consent. 7. At this juncture, respondent wife proposes Rs. 23,00,000/- towards permanent alimony and she also claimed the amount of FDRs. Now, so far as FDRs are concerned she informed that all formalities have been completed by her and there is no issue on this. The only remaining issue is confined to amount towards permanent alimony. 8. In pre lunch session, Mr. Pandey, learned counsel for the revisionist husband, on instructions, proposes Rs. 15,00,000/- towards permanent alimony though wife proposes Rs. 23,00,000/- towards permanent alimony. Now, after post lunch session, Mr. Pandey, on instructions, submits that revisionist husband is agreeable to pay Rs. 18,00,000/- towards permanent alimony, which the respondent wife has accepted. 9. Since now the parties have decided to get divorce by way of mutual consent with the amount towards permanent alimony, as agreed by both the parties, i.e. Rs. 18,00,000/-, both the revisions are disposed of with the following directions: i. Both revisionists shall file divorce petition seeking divorce by way of mutual consent in the Family Court, Nainital within two weeks. ii. Revisionist husband shall pay Rs. 5,00,000/- to respondent wife on the first date of motion and remaining amount shall be paid by him to the respondent wife on second motion. iii. Since parties have decided to get divorce by way of mutual consent, they are already living separately since 2022, therefore, the statutory period of judicial separation deserves to be waived off and the Judge, Family Court, Nainital is directed to proceed with the divorce petition and give an early date for first motion as well as for second motion waive off the statutory period of judicial separation. 10. Mr. A.K. Sah, learned counsel for the respondent wife submits that two proceedings have been initiated against the respondent wife, her family members and relatives. 11. Mr. Pandey, on instructions undertakes that revisionist husband and his family members will withdraw all the cases against the respondent wife, her family members and her relatives. 12. Respondent wife also undertakes before this Court that she and her family members shall also withdraw all the cases filed against husband, his family members and his relatives. 13. It is made clear that if either of the parties has any grievance with regard to implementation of above undertaking, they are free to apprise this Court through their counsel. 14. Subject to the observations and direction as above, both the revisions are disposed of. (Rakesh Thapliyal, J.) 16.04.2026 SKS