HIGH COURT OF UTTARAKHAND AT NAINITAL Appeal From Order No. 303 of 2024 Smt. Gauri ….......Appellant Vs. Ayush Agarwal …..... Respondent Present : Mr. Rajat Mittal, Advocate for the appellant. Mr. M.C. Kandpal, Senior Advocate assisted by Mr. Devesh Kandpal, Advocate for the respondent. JUDGMENT Coram: Hon’ble Ravindra Maithani, J. Hon’ble Alok Mahra, J. Hon’ble Ravindra Maithani, J. (Oral) The challenge in this appeal is made to the order dated 29.05.2024, passed in Case No.76 of 2023, Ayush Agarwal Vs. Smt. Gauri, by the court of Judge, Family Judge, Kashipur, District Udham Singh Nagar (“the case”), by which, an application under Order 9 Rule 7 of Code of Civil Procedure, 1908 preferred by the appellant has been dismissed. 2. Heard learned counsel for the parties and perused the record. 3. During the course of hearing, it was told to the Court that the parties have settled the dispute amicably. The parties are now willing to stay separate. Even today, the Court interacted with the appellant Gauri through video conferencing. She submits that she has settled the dispute; she does not want to stay with the respondent Ayush Agarwal; they want to live separate; she wants to close all the matters; the mother of the appellant has filed an affidavit dated 09.06.2025 and the respondent has also filed an 2 affidavit dated 03.06.2025, giving terms and condition of the agreement that has been arrived between the parties. 4. The respondent Ayush Agarwal has also joined the proceedings through video conferencing. He submits that he has moved the petition for divorce; he also wants to settle the cases; he also wants to stay separate. According to him, he has given Rs.18,50,000/- to the appellant, as per terms and conditions of the settlement and the jewellery has already returned and now today, gold ring, gold chain and earrings are being returned to the appellant. In fact, in the presence of the Court, some jewellery has been returned to the learned counsel for the appellant by the learned counsel for the respondent. 5. The appellant Gauri accepted before the Court that she has received all the jewelleries and Rs.18,50,000/- from the respondent. Both, the respondent and the appellant accepted that now, they would stay separate and would abide by the terms and conditions of the settlement, which have been incorporated in the affidavits (affidavit of the mother of the appellant dated 09.06.2025 and affidavit of the respondent dated 03.06.2025). 6. The respondent would submit that he has already filed a petition seeking divorce, therefore, the court below may be directed to expedite the hearing. 7. Since, parties have arrived at a settlement between them, it is expected from the court below that the petition that has been filed by the respondent under Section 13 of the Hindu 3 Marriage Act, 1955 be decided as expeditiously as possible. Both the parties are living abroad, therefore, whenever their presence is required, it may be ensured through video conferencing. 8. In view of what is stated above, learned counsel for the appellant would submit that he does not press the appeal and withdraws it. The appeal stands dismissed as withdrawn with the observations, as made hereinabove. (Alok Mahra, J.) (Ravindra Maithani, J.) 15.09.2025 Sanjay SANJAY KANOJIA Digitally signed by SANJAY KANOJIA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=e50e50b49596520698eff87e0a08bbd50 4686df4d1afc60f54a287831dec46fe, postalCode=263001, st=UTTARAKHAND, serialNumber=26EEB7122ED0DD23233A255DD8 EC450A84B515A087CAEFD1B3179A7DEAE40699, cn=SANJAY KANOJIA Date: 2025.09.17 17:34:21 +05'30'