UKHC010077362018 2026:UHC:6268-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/112/2018 Khimanand Pandey --Appellant Versus Smt Kiran Pandey --Respondent Hon’ble Manoj Kumar Tiwari, J. Hon’ble Pankaj Purohit, J. Mr. Yogesh Chandra Tewari, Advocate, for the appellant. Mr. Anil Kumar Joshi, Advocate, for the respondent. (2) This appeal, filed under Section 19 of Family Courts Act, 1984, is directed against judgment and order dated 28.5.2018, passed by Judge, Family Court, Nainital in Original Suit No. 201 of 2012. By the said judgment, suit for divorce on the ground of cruelty and desertion, filed by appellant-husband, was dismissed. (3) Learned Counsel for the parties submit that during pendency of this appeal, parties have entered into settlement on 12.11.2025. Copy of the settlement is enclosed as Annexure-1 to the affidavit filed by the appellant. Respondent has also filed an affidavit and in para 3 of that affidavit, respondent-wife has stated on oath that all disputes between her and her husband has been resolved. (4) Mr. Anil Kumar Joshi, learned Counsel for the respondent-wife, submits that appellant has paid a sum of rupees fifty two lakhs, out of which rupees ten lakhs is meant for respondent-wife and remaining forty two lakhs would be equally UKHC010077362018 2026:UHC:6268-DB divided amongst two children, who are born out of the wedlock between appellant and respondent. Mr. Joshi concedes that his client has received the said amount through cheque and the amount has been credited to the bank accounts of respondent and her children. (5) Learned Counsel for the parties submit that both the parties have decided to part ways, therefore their marriage may be dissolved by decree of divorce in terms of the settlement so that they can live peaceful life. They prayed to waive the cooling-off period of six months. (6) Since the appeal is directed against dismissal of divorce suit and there is no relief claimed regarding divorce by mutual consent, therefore, we are not inclined to dissolve the marriage at this stage. However, since it is not in dispute that parties are living separately for more than 16 years and they have not been able to live together and they have mutually agreed that the marriage should be dissolved, appeal is disposed of with liberty to parties to jointly petition for divorce of marriage on mutual consent before the concerned Family Court, as per law. Parties shall be at liberty to make application for waiving the cooling-off period of six months and such application, if made, shall be considered favourably. (Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 23.7.2026 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6e ae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACC C1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2026.07.23 18:02:10 +05'30' UKHC010077362018 2026:UHC:6268-DB UKHC010077362018 2026:UHC:6268-DB