IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL First Appeal No.119 of 2009 Smt. Neelam ……Appellant Versus Amarnath Singh Rawat .…Respondent Mr. V.B.S. Negi and Sri H.S. Rawal, learned counsels for the appellant. Mr. Raman Kumar Sah, learned counsel for the respondent. with First Appeal No.121 of 2009 Amarnath Singh Rawat ……Appellant Versus Smt. Neelam .…Respondent Mr. Raman Kumar Sah, learned counsel for the appellant. Mr. V.B.S. Negi and Sri H.S. Rawal, learned counsels for the respondent. Dated 21st April , 2010 Hon’ble B.C. Kandpal, J. Hon’ble Nirmal Yadav, J. This order shall decide the above-mentioned two first appeals as both these appeals have arisen out of the same judgement and decree dated 31.08.2009 passed by Judge, Family Court, Pauri Garhwal. This first appeal No.119 of 2009 under section 19 of Family Courts Act has been filed by appellant Smt. Neelam against the judgment and decree dated 31.08.2009 passed by 2 Judge, Family Court, Pauri Garhwal thereby decreeing suit filed by the husband respondent Amarnath Singh Rawat under section 13 of Hindu Marriage Act and also directing the husband respondent to pay Rs.5.oo lacs as permanent alimony to the appellant. First Appeal No.121 of 2009 filed by Amarnath Singh Rawat also against the judgment and decree dated 31.08.2009 by which the direction was issued by Judge, Family Court, Pauri Garhwal to the appellant Amarnath Singh Rawat for payment of Rs.5.00 lacs as permanent alimony. Learned Counsel for the appellant in appeal no.121/2009, Sri Raman Kumar Shah has given an undertaking that the aforesaid amount of permanent alimony shall be paid by the appellant Amarnath Singh Rawat in two installments. First installment of Rs.2.50 lacs shall be paid within a period of one week & rest of amount shall also be paid within one month. We, therefore, direct that the demand draft amounting to Rs.2.50 lacs shall be deposited by the appellant Amarnath Singh Rawat before the court of Judge, Family Court, Pauri Garhwal in the name of Smt. Neelam D/o Sri Surendra Singh Negi by 28.04.2010 positively. Rest of the amount of Rs.2.50 lacs shall be deposited by appellant Amarnath Singh Rawat in the name of Smt. Neelam D/o Sri Surender Singh Negi in the court of Judge, Family Court, Pauri Garhwal positively by 21.05.2010, failing which it shall be open for the Judge, Family Court to take coercive measures against the appellant. 3 Learned counsel for the appellant has thus prayed that the appeal be accordingly dismissed as not pressed. The prayer is allowed & the appeal is dismissed as not pressed. Similarly, the learned counsel for the appellant- Smt. Neelam in appeal No.119 of 2009, Sri V.B.S. Negi also does not want to agitate the appeal. Accordingly, on the basis of statement made by learned counsel for the appellant, First appeal No. 119 of 2009 filed by Smt. Neelam against the judgment and decree dated 31.08.2009 is hereby dismissed as not pressed. Smt. Neelam D/o Sri Surender Singh Negi is given liberty to withdraw the amount to be deposited by the appellant Amarnath Singh Rawat through bank draft. (Nirmal Yadav, J.) (B.C. Kandpal, J.) JKJ 21.04.2010