LAWS(UTN)-2019-8-14

SUNITA Vs. STATE OF UTTARAKHAND

Decided On August 18, 2019
SUNITA Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) In pursuance to the orders passed by this Court on 1st August, 2019, with the consent of the parties and their respective counsel, this case was fixed for conciliation between the parties and today, i.e. 18th August, 2019 (Sunday), was fixed for making an effort for settlement. The parties are present in person along with their Advocates and they have been duly identified by their respective counsel.

(2.) This Court also directly interacted with the parties, who are present in person and made endeavor to resolve the controversy. But before addressing upon the unanimous decision, which has been taken by the parties after interacting amongst themselves, it becomes imminent for this Court to consider the backdrop, under which, the proceedings has reached upto this stage before this Court.

(3.) As per the records, which are available before this Court, the fact which emanates for consideration is that it is not in dispute amongst the parties, that the revisionist No. 1 and respondent No. 2 got married on 18th June, 1999, and out of the wedlock, daughter Aradhana revisionist No.2 was born on 15th June, 2000. There had been various allegations and counter allegations amongst one another, but the fact which is legally tenable before this Court is to the effect that admittedly the revisionist No. 1 has initiated the proceedings by way of Case No. 56 of 2005, Sunita Vs. Sunil Kumar by invoking the provisions contained under Section 13, 26 and 27 of the Hindu Marriage Act, which was filed before the Family Court, Dehradun on 9th February, 2005.