Allowed

Meenu Kashyap v. Dinesh Kumar

Uttarakhand HC2 Sept 2024FA/18/2024

Case brief

AI extract

What is this about?

The High Court considered an appeal filed by a wife against a maintenance decree. Upon learning that the parties had amicably resolved their differences, the court converted the appeal into a Section 13B petition. The marriage was dissolved by a divorce decree by mutual consent, granting the wife permanent alimony of Rs. 8 lakhs and an additional draft of Rs. 5 lakhs.

What did the court decide?

The petition under Section 13B of the Hindu Marriage Act stands disposed of. The marriage is dissolved by a decree of divorce by mutual consent. The affidavits form part of the decree.

Meenu Kashyap Vs Dinesh Kumar — Matrimonial and Divorce | Uttarakhand HC (2024)

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2024:UHC:6303-DB

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I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL

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HON’BLE THE CHI EF JUSTI CE MS. RI TU BAHRI AND HON’BLE MR. JUSTI CE RAKESH THAPLI YAL

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FI RST APPEAL NO. 1 8 OF 2 0 2 4

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0 2^ND SEPTEMBER, 2 0 2 4

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Smt. Meenu Kashyap …… Appellant

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Versus Dinesh Kumar …… Respondent Counsel for the appellant : Mr. Ashish Aggarwal, learned counsel through video conferencing Counsel for the respondent : Mr. Rajat Mittal, learned counsel

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Th e Cou r t m ade t h e follow in g:

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JUDGMENT: ( per Hon ’ble Th e Ch ief Ju st ice Ms. Rit u Bah r i)

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Counsel for the respondent-husband has filed a compliance affidavit of the respondent to the effect that he had deposited an amount of rupees three lakhs earlier in the bank account of the appellant-wife, and now he has also given a draft of rupees five lakhs to her.

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By way of the affidavit filed by the respondenthusband, he has placed on record a bank draft (Annexure1) dated 09.08.2024, amounting to rupees five lakhs. The

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2024:UHC:6303-DB

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receiving of the appellant-wife is also there on the said bank draft. Said affidavit filed by the respondent is dated 12.08.2024.

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Appellant-wife had also filed her affidavit dated 27.07.2024, stating therein that she is ready to give divorce under Section 13B of the Hindu Marriage Act after receiving the permanent alimony of rupees eight lakhs, and she will not claim any maintenance in future from the respondent.

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This fact has not been disputed by counsel for the appellant that the appellant-wife had already received total amount of rupees eight lakhs from the respondenthusband towards permanent alimony.

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Since the matter has been amicably resolved between the parties, the present appeal under Section 19 / 28 of the Family Courts Act is suo motu being converted into a 13B divorce petition of the Hindu Marriage Act.

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Consequently, the petition under Section 13B of the Hindu Marriage Act stands disposed of. The marriage between the appellant and the respondent is hereby dissolved by a decree of divorce by mutual consent. The

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2024:UHC:6303-DB

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affidavits filed by the respective parties shall form part of the decree.

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Pending application(s), if any, also stands disposed of.

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_______________ RI TU BAHRI , C.J.

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_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ RAKESH THAPLI YAL, J.

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Dt: 02^ND SEPTEMBER, 2024 Negi

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Digitally signed by HIMANSHU NEGI DN: c=IN, o=HIGH COURT OF HIMA UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=bb3b60774012c1ef1d ae20d13aaf116e73351fdaf6878 326386908a7f90d5757, postalCode=263001, NSHU st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A 80990FC51A722A6BC552D470E B4FD2F88DDF7C18DB2A1524A 4D, cn=HIMANSHU NEGI NEGI Date: 2024.09.06 10:40:29 +05'30'

Meenu Kashyap v. Dinesh Kumar

Case brief

What is this about?

What did the court decide?

Meenu Kashyap v. Dinesh Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

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