Decided on April 26,2001

Sunita Joshi Appellant
Murlidhar Joshi Respondents


- (1.)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 13-B 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 3-A and 3-B 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 3-A 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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