The court upheld the settlement agreement and approved the divorce by mutual consent based on the provisions of Section 13B(1) of the Hindu Marriage Act, 1955, and the willingness of the parties to proceed with the divorce.

JUDGMENT

Vipin Sanghi, CJ. - Both the parties are present in Court. We have interacted with them yesterday, as well as today. They have agreed to proceed for divorce by mutual consent. In settlement of all claims towards alimony, maintenance and stridhan etc. of the respondent, the appellant has agreed to pay Rs. 45 lacs to the respondent. The respondent has agreed to withdraw all complaints, and other cases that she has instituted against the appellant. Both parties have agreed not to institute any further proceedings against each other.

2. Accordingly, the parties shall move to obtain divorce by mutual consent, by moving the First Motion Petition under Section 13B(1) of the Hindu Marriage Act, 1955, within two days before the Family Court, Rudrapur, District Udham Singh Nagar. At the time of recording of the consent of the parties during the First Motion Petition, the appellant shall pay to the respondent Rs. 20 lacs. The respondent shall withdraw all other cases and complaints filed against the appellant within two weeks thereafter, and provide intimation to the appellant in that regard. The parties shall, thereafter, proceed to move the Second Motion Petition, by seeking waiver of the statutory period of six months. Since the parties have remained separated since the year 2015, and the appellant is residing in United Kingdom, whereas the respondent is residing in India, it is evident that the marriage is dead, and there is no possibility of the parties being able to reconcile. The Family Court shall consider the application seeking exemption in this light.

3. Since the appellant would be returning to United Kingdom during the Second Motion Petition, his appearance through Video Conferencing shall be entertained.

4. In token of acceptance of the aforesaid terms and conditions, both the parties have appended their signatures on this judgment sheet. The settlement has been arrived at by them of their own free will, without force or coercion, and in presence of their respective counsels.

5. The parties shall remain bound by the terms and conditions of this order.

6. The Appeal stands disposed of in the aforesaid terms.

7. Consequently, pending applications, if any, also stand disposed of.

8. A certified copy of this order be provided to the learned counsel for the parties by the end of the day.