2026:UHC:3496-DB SL. No . Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS FA No.9 3 of 2 0 24 Hon ’ble Man oj Ku m ar Tiw ar i, J. Hon ’ble Pan k aj Pu r oh it , J. Mr. Rajesh Joshi, learned counsel for the appellant. 2. Mr. B.S. Kathayat, learned counsel for the respondent. 3. This appeal under Section 19 of the Family Courts Act is directed against the judgment and order dated 15.03.2024, passed by learned Judge, Family Court, Haldwani, District Nainital in Civil Suit No.256 of 2019. By the said judgment, suit for divorce filed by appellant was dismissed. 4. Learned counsel for the appellant submits that despite efforts made for resolution of dispute through mediation, no settlement could be arrived at between the parties, and now parties have entered into a compromise, according to which, parties will part ways subject to payment of Rs.7 lakhs as permanent alimony by the appellant to the respondent. As regards custody of child, it is mentioned in the compromise deed that respondent will have the custody. He refers to the compromise deed which is enclosed as annexure-1 to the Joint Compromise Application No.3 of 2026. 5. Parties are also physically present in Court today. Appellant as well as respondent stated that they have now decided to live separately and prayed that marriage be dissolved by a decree of divorce. 6. Since parties have remedy of seeking divorce by mutual consent by filing a petition before the appropriate Forum, therefore, we are not inclined to grant the relief which parties prayed for in their application before us. 2026:UHC:3496-DB 7. Learned counsel for the appellant submits that appellant be permitted to withdraw this appeal with liberty to approach the appropriate Forum for seeking divorce by mutual consent. 8. The prayer, so sought, is granted. 9. Appeal is dismissed as withdrawn. If a petition for divorce by mutual consent is filed by the parties, then prayer made by them for waiver of the cooling-off period shall be considered sympathetically by the court concerned. 10. Amount of Rs.30,000/ - deposited by appellant in the Registry on 12.07.2024 shall be released in favour of respondent on her application. ( Pank aj Pur oh it , J.) ( Manoj Kum ar Tiw ar i, J.) 07.05.2026 AK