Decided on April 24,2001

Sunita Joshi Appellant
Murlidhar Joshi Respondents


- (1.)A . A. Desai, M. C. Jain, J. The appellant Mrs. Sunita Joshi pre­sented the instant first appeal challeng­ing decree of divorce dated 17.11.2000, passed by the Principal Judge, Family Court, Nainital. During the pendency of this appeal, with the assistance of the learned counsel for the parties, we held conciliation from time to time. In the ul­timate result, the parties settled their matrimonial dispute and agreed to take divorce by mutual consent under Section 13B of the Hindu Marriage Act. Accord­ingly they have presented the applica­tion. In the application they have also in­corporated the conditions in relation to the maintenance, custody of child etc. Today again the parties are present in person with their counsel and they have expressed their consent to this memoran­dum. Undisputedly, the parties are litigat­ing and living separately for more than six months. There does not seem to be any possibility of reconciliation between them under the circumstances, we set aside the decree of divorce passed by the Family Court, Nainital, under Section 13(1) (ia) of the Hindu Marriage Act. Instead, we order that decree of divorce be drawn in terms of stipulation in Clauses 3A and 3B of the memorandum of compromise presented and verified by the parties before this Court.
(2.)IN view of the consent of the parties, divorce is hereby granted to them and marriage between them is hereby dissolved.
This decree shall be operative from the date on which the respondent Murlidhar Joshi deposits a sum of Rs. 2,50,000 as stipulated in Clause 3A of the memorandum of compromise. This amount has to be deposited latest by 31.5.2001. The amount shall remain de­posited in fixed deposit in the name of the appellant Smt. Sunita Joshi in Dis­trict Co-operative Bank, Nainital, Branch Bazpur. The respondent, after depositing the amount, shall hand over the pass book to the appellant on or before 31.5.2001. Initially the fixed deposit shall be for a period of three years and there­after shall be renewable after every three years and the appellant shall only be en­titled to withdraw interest accruing thereon as and when necessary and will not be entitled to withdraw the principal amount without prior permission of this Court. In view of this, the appeal is dis­posed of.


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