Himachal Pradesh High Court
Sushant Sharma vs Parveen Sharma on 11 January, 2023
Bench: Tarlok Singh Chauhan, Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
FAO (FC) No. 20/2021
Decided on : 11.1.2023
.
Sushant Sharma .....Appellant
Versus
Parveen Sharma ....Respondent
Coram:
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
The Hon'ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1No
For the Appellant: Mr. Harish K. Sharma, Advocate.
For the Respondent:
r Mr. Neel Kamal Sharma, Advocate.
_____________________________________________________________________
Justice Tarlok Singh Chauhan, Judge (oral)
It is heartening to note that with pro active role played by Mr. S. C. Sharma, learned Senior Advocate and a trained Mediator, the parties have been able to arrive at a settlement and the same finds recorded in the order of the learned Mediator on 15.12.2022, which reads as under:-
"This is an appeal under Section 19 of the Family Court Act, 1984, for setting aside judgment and decree dated 23.02.2021 passed by the Learned Additional Principal Judge, Family Court, Hamirpur, H.P. in H.M.A Petition No. 73 of 2015 and allowing the petition filed by the appellant 1 Whether reporters of the local papers may be allowed to see the judgment? Yes.::: Downloaded on - 12/01/2023 20:31:48 :::CIS 2
under Section 13(1) ((ia) (ib) of the Hindu Marriage Act, 1955.
.
After having deliberation between the parties respondent-
Smt. Parveen Sharma has made the statement that she was married with appellant on 2.3.2000 as per Hindu Rites and Customs. Out of the wedlock one daughter named Muskan was born who is 22 years old presently she lives with her mother. The respondent have stated that since they are living separately for the last 21 years, therefore, now there is no meaning of this marriage. They have decided voluntarily to break off the relationship by mutual consent of both the parties. In this regard, a sum of Rs. 10,00,000/-
is to be paid by the appellant to the respondent as a full and final settlement in the shape of permanent alimony. After that their relationship and all litigations pending in the trial Court as well as in the Hon'ble High Court have come to an end. The respondent has no objection to allow the appeal filed by the appellant. She has further stated that now in future no matrimonial dispute will remain pending between them. She has further stated that they have removed all matrimonial differences between them. The statements of appellant as well as respondent will be remain as a part and parcel of the mediation vide Annexure P1 & P2.
Appellant will pay Rs. 4,00,000/- in the shape of Bank draft to the respondent on or before 12.1.2023 and despite that appellant will also pay three post dated cheques of Rs.2,00,000/- each on 30.6.2023, 31.12.2023 and 30.6.2024, respectively.::: Downloaded on - 12/01/2023 20:31:48 :::CIS 3
As per statement of the respondent all litigations have ended and now both the parties will withdraw their cases .
pending in the trial Court.
Both the parties have also prayed to set-aside the judgment and order passed by the Ld. Additional Principal Judge, family Court, Hamirpur, H.P. in HMA Petition No. 73 of 2015 .
Appellant-Sushant Sharma vide his separate statement has endorsed the statement of respondent- Smt. Praveen Sharma as true and correct. He has undertaken to give Rs.6000/- per month to his daughter on or before 7th day of each month. He has also undertaken not to claim any right over the property, falling in the share of his daughter in any manner. He has stated that he will intact all rights of his daughter qua the property and he will not create any charge over the same in any manner. He has prayed to allow the appeal filed by him and to set-aside the decision passed by the Family Court.
In view of the above, the efforts of the parties are highly appreciated. Let the matter be listed before the Hon'ble Court on 11.01.2023 for appropriate orders.
2. Learned counsel for the appellant has handed over a demand draft of Rs.4 lacs and three post-dated cheques of 2 lacs each payable on 30.6.2023, 31.12.2023 and 30.6.2024 respectively, to the learned counsel for the respondent.
3. Now that the first installment is due on 30.6.2023, list for compliance on 6.7.2023. In the meanwhile, the appellant is ::: Downloaded on - 12/01/2023 20:31:48 :::CIS 4 directed to ensure that monthly maintenance of Rs.6000/- is regularly paid to the daughter in terms of the compromise.
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4. The instant appeal is disposed of, in terms of the aforesaid compromise and the parties shall abide by the same.
Pending application(s), if any, also stands disposed of.
(Tarlok Singh Chauhan)
Judge
(Virender Singh)
11.1.2023
r Judge
(pankaj)
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