COURT NO.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL First Appeal No. 67 of 2007 Smt. Garima Agarwal … Appellant/Plaintiff Versus Sri Ashish Goel … Respondent/Defendant Sri Arvind Vashistha, learned Counsel for the appellant/plaintiff Sri Z.U. Siddiqui, learned Counsel for the respondent/defendant. 7th November, 2008 Coram: Hon. P.C. Verma, J. Hon. S. Dhulia, J. This first appeal has been filed by the appellant/wife Smt. Garima Agarwal against the judgment and order dated 13.8.2007 passed by the learned Family Judge, Haridwar in case no. 203 of 2006 between Smt. Garima Agarwal v. Ashish Goel, whereby the application of the appellant seeking relief as provided under Section 27 of the Hindu Marriage Act has been dismissed on the ground that there is no matrimonial dispute pending before the Family Court at the time of passing the impugned order and, therefore, the petition which has been filed as independent application is not maintainable. 2. Today both the parties agreed before this Court for compromise. They appeared before the Registrar (Judicial) of the Court who has verified the compromise deed which has been duly signed by the parties and their respective counsel. 3. As per the terms of agreement, Ashish Goel, husband/respondent is ready to pay Smt. Garima 2 Agarwal, wife/appellant rupees seven lakh and fifty thousand by a bank draft within six months from today in lieu of one time settlement of her claim for stridhan and alimony and all claims of her own maintenance. Ashish Goel has further agreed to prepare a F.D. of equal amount i.e. rupees seven lakh and fifty thousand in the name of his minor daughter, Km. Gulika Agarwal mentioning therein the name Smt. Garima Agarwal as guardian. The aforesaid amount shall be payable to Km. Gulika Agarwal on her attaining the age of majority. Certificate of F.D. shall be handed over to Smt. Garima Agarwal within a period of ninety days from today. Km. Gulika will not be entitled to any maintenance from the date of this agreement. Smt. Garima Agarwal will have the custody of Km. Gulika Agarwal. Ashish Goel will have the visiting rights. This proposition is acceptable to the appellant Smt. Garima Agarwal. It has further been agreed between the parties that all litigations filed by them and pending in any court of law shall be withdrawn. 4. In view of the above, both the parties have agreed to live separately and dissolution of marriage of parties will take place as soon as the payment as mentioned above is made. 5. Accordingly, the appeal under Section 19 of the Family Court Act, 1984 is disposed of in the above terms and conditions of the compromise arrived at between the parties. The compromise shall form part of this order. (S. Dhulia, J.) (P.C. Verma, J.) 7.11.2008 7.11.2008 Prabodh 3