Indian Kanoon - Search engine for Indian Law

Himachal Pradesh High Court

Smt. Shanto Devi vs Yash Pal on 14 March, 2023

Author: Sandeep Sharma

Bench: Sandeep Sharma

          IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                                                                        FAO No.281 of 2018




                                                                             .
                                                        Date of Decision: 14.03.2023





     -----------------------------------------------------------------------------------------
     Smt. Shanto Devi                                                          ...Appellant
                                             Versus





     Yash Pal                                                              ...Respondent
     -----------------------------------------------------------------------------------------
     Coram:
     The Hon'ble Mr. Justice Sandeep Sharma, Judge.
     Whether approved for reporting?1





     ---------------------------------------------------------------------------------------
     For the Appellant:                        Mr. N.K.Thakur, Senior Advocate
                                               with Mr. Karan Veer Singh,
                                               Advocate.

     For the Respondent:                           Mr. Vijay Chaudhary, Advocate.

     -----------------------------------------------------------------------------------------
     Sandeep Sharma, J. (Oral)

Learned counsel representing the appellant states that despite repeated communications, appellant has not come forward to impart instructions with regard to receipt of money in terms of order dated 6.9.2022. However, he fairly conceded that factum with regard to receipt of Rs. 6.00 lakh stands established with the placing on record receipt showing deposit of the amount in the bank account of the appellant. Though, by way of appeal filed under Section 28 of the Hindu Marriage Act, challenge was led to judgment and decree dated 2.5.2018, passed by learned Additional District Judge, Chamba in HMA No.44 of 2015, whereby prayer made on behalf of the respondent for dissolution of 1 Whether reporters of the local papers may be allowed to see the judgment?

marriage was accepted, but during the pendency of the appeal at hand, parties agreed to resolve their dispute amicably interse them .

on payment of Rs. 6.00 lakh, as has been recorded in order dated 6.9.2022. On 6.9.2022, parties came present and apprised this Court that they have resolved to settle the dispute interse them amicably for all times to come. As per the agreed terms, respondent Yashpal agreed to pay sum of Rs. 6.00 lakh in lump sum towards permanent alimony to the appellant. Though, aforesaid sum of Rs. 6.00 lakh was to be paid by the respondent in three installments but on 4.01.2023, learned counsel for the respondent apprised this Court that entire sum of Rs. 6.00 lakh agreed to be paid by him in terms of order dated 6.09.2023 stands paid and as such, appellant may be called upon to withdraw the appeal, however, as has been taken note hereinabove, despite repeated communications, appellant is not coming forward to impart instructions. On 4.01.2023, this Court adjourned the matter, enabling learned counsel for the appellant to either cause presence of the appellant or have instructions but neither appellant has come present nor has imparted instructions to her counsel and as such, this Court has reason to believe and presume that appellant is no more interested to prosecute the case further as she is satisfied after receiving Rs. 6.00 lakh.

2. In view of the above, the present appeal is dismissed for non-prosecution. Needless to say, on account of amicable .

settlement interse parties, parties shall have no claim of any kind against each other.

The present appeal stands disposed of in the aforesaid terms alongwith pending applications, if any.

(Sandeep Sharma) Judge March 14,2023 (shankar) ::: Downloaded on - 15/03/2023 20:33:31 :::CIS