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Judgment
Vipin Sanghi, CJ
The present first appeal is directed against the order dated 06.11.2020 passed by the Principal Judge, Family Court, Dehradun. The said order has been passed in O.S. No.1158 of 2018 under Section 13-B of the Hindu Marriage Act. The petition has been dismissed, on account of the respondent-wife not granting her consent to obtain divorce by mutual consent, during the second motion proceeding.
In our view, there is no merit in this appeal, since it is open to either party to walk out of the proceedings before the decree of divorce is passed within 18 months of the moving of the first motion under Section 13-B(1).
The submission of Mr. T.A. Khan, learned senior counsel for the appellant is that the respondent has received Rs.3 lakh, as a part of this settlement, during the first motion proceedings.
According to the respondent, the said amount has been adjusted towards the amount payable by the appellant, in terms of the other orders passed, inter se, the parties.
We leave it open to the parties to raise the said issues which shall be determined by the competent Court as and when the matter is raised.
In view of the aforesaid observations, the present first appeal stands disposed of.