Upholds Existing Precedent — Appeal Dismissed as Not Pressed Upon Parties’ Settlement; Serves as Binding Authority for Voluntary Withdrawal in Matrimonial Maintenance Matters
Summary
| Category | Data |
|---|---|
| Case Name | FA/19/2020 of ANIL DUTT Vs RANI |
| CNR | UKHC010014602020 |
| Date of Registration | 23-01-2020 |
| Decision Date | 29-10-2025 |
| Disposal Nature | DISMISSED |
| Judgment Author | Hon’ble Mr. Justice Ravindra Maithani, Hon’ble Mr. Justice Alok Mahra |
| Court | High Court of Uttarakhand |
| Bench | Division Bench: Hon’ble Mr. Justice Ravindra Maithani, Hon’ble Mr. Justice Alok Mahra |
| Precedent Value | Binding authority for procedural disposal |
| Type of Law | Family/Matrimonial Law |
| Questions of Law | Whether an appeal under Section 24 of the Hindu Marriage Act may be dismissed as not pressed following settlement between the parties? |
| Ratio Decidendi | The court held that where parties have settled and commenced living separately, and where the appellant expressly communicates the desire not to pursue the matter, the appeal under Section 24 of the Hindu Marriage Act can be dismissed as not pressed. No detailed adjudication on merits is required in cases of consensual withdrawal based on settlement, maintaining judicial efficiency and respecting parties’ autonomy. |
| Facts as Summarised by the Court | The appeal challenged an order under Section 24 of the Hindu Marriage Act, 1955. The appellant’s counsel submitted that the parties had reached a settlement, had started living separately, and that the appellant wished to withdraw the appeal. The court recorded the statement and dismissed the appeal as not pressed. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts and family courts in Uttarakhand |
| Persuasive For | Other High Courts and courts dealing with matrimonial maintenance proceedings |
What’s New / What Lawyers Should Note
- Where parties in an appeal under Section 24 of the Hindu Marriage Act reach a settlement and request withdrawal, courts may dismiss such appeals as not pressed without substantive adjudication.
- Consent-based withdrawal is facilitated at the appellate stage, streamlining resolutions in family law disputes.
Summary of Legal Reasoning
- The court noted the appellant’s statement that the parties had settled and had begun living separately.
- Upon counsel’s submission that the appellant did not wish to press the appeal, the court recorded this desire.
- The matter was disposed of accordingly, with the appeal dismissed as not pressed, without examination of merits.
Arguments by the Parties
Appellant:
- Submitted that the parties had reached a mutual settlement.
- Informed the court that the parties had started living separately.
- Expressly stated that the appellant did not wish to proceed with the appeal.
Factual Background
The dispute arose out of an application under Section 24 of the Hindu Marriage Act, 1955. An appeal was filed challenging the related order. During the course of proceedings, counsel for the appellant informed the court that a settlement had been reached and the parties had begun living separately. Consequently, the appellant opted not to pursue the appeal further.
Statutory Analysis
- The proceedings invoked Section 24 of the Hindu Marriage Act, 1955, regarding maintenance pendente lite and litigation expenses.
- The judgment confirms that, upon settlement and mutual consent of withdrawal, further substantive analysis or adjudication under this section is not mandatory.
Dissenting / Concurring Opinion Summary
No dissenting or additional concurring opinions were recorded; both judges concurred in dismissing the appeal as not pressed.
Procedural Innovations
- The order affirms that, upon submission of settlement and consent to withdraw, formal adjudication on merits can be dispensed with in appeals under Section 24, ensuring judicial efficiency.
Alert Indicators
- ✔ Precedent Followed – The decision applies settled law and existing procedure for withdrawal of appeals in matrimonial matters upon parties’ settlement.