SUNIL KUMAR GUPTA Vs. SHALINI GUPTA

JUDGEMENT

(1.) By way of this Criminal Miscellaneous Application, the prayer has been made to quash the judgment and order dated 1.12.2007 passed by the Special Judicial Magistrate II, Dehradun in Miscellaneous Case No. 5/2007, titled as Smt. Shalini Gupta v. Sunil Gupta. It has also been further prayed to quash the judgment and order dated 20.8.2008, passed by the Additional District Judge/F.T.C.-II, Dehradun in Miscellaneous Criminal Appeal No. 5/2008, titled as Sunil Gupta v. Smt. Shalini Gupta.

(2.) Having heard the learned Counsel for the parties and on perusal of the materials on record, it appears that Smt. Shalini Gupta was wedded with Sunil Gupta on 18.11.1986 as per Hindu customs and rituals. Out of the said wedlock, two children, namely, Km. Ankita and Master Mridul Gupta were born. Both children are residing with Smt. Shalini Gupta, whose relations with her husband Sunil Gupta became sour with the result that a petition no. 587/2002, under Section 9 of the Hindu Marriage Act, was filed by Smt. Shalini Gupta against her husband for restitution of conjugal rights. Husband Sunil Gupta filed a counter-claim under Section 13 of the Hindu Marriage Act claiming divorce from her. This petition was adjudicated by the Judge, Family Court, Dehradun vide judgment and order dated 16.4.2007, whereby the claim of Smt. Shalini Gupta under Section 9 of the Hindu Marriage Act was rejected, while counter-claim of the husband under Section 13 of the said Act was accepted and the marriage between the duo was annulled.

(3.) Being aggrieved, Smt. Shalini Gupta filed First Appeal No. 19/2007 before this Court against the aforesaid judgment and order, wherein challenge was made by her only to the decree of annulment of the marriage. She did not challenge the dismissal of the petition filed by her under Section 9 of the Hindu Marriage Act. This appeal was adjudicated by a Division Bench of this Court vide judgment and order dated 28.8.2008, which was a conditional order to the effect that if Sunil Gupta pays rupees fifteen lakhs as onetime lump sum amount towards permanent alimony within a period of 45 days, the appeal filed by Smt. Shalini Gupta shall stand dismissed and the decree of divorce passed by the trial court will be deemed to have been affirmed, otherwise the appeal shall stand allowed and the decree of divorce passed by the trial court on counter-claim of Sunil Gupta shall stand set aside.