Himachal Pradesh High Court
Kangra (H.P.) vs Shamsher Singh & Others on 31 March, 2022
Bench: Sabina, Satyen Vaidya
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 31st DAY OF MARCH, 2022
.
BEFORE
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SATYEN VAIDYA
FIRST APPEAL FROM ORDER (FAMILY COURT)
No.4 of 2022
Between:-
SMT. SEEMA, AGED 40 YEARS, W/O
SHRI SHAMSHER SINGH & D/O
SHRI BHURI SINGH, RESIDENT OF
VILLAGE & POST OFFICE GIORA,
TEHSIL NURPUR, DISTRICT
KANGRA (H.P.)
.....APPELLANT
(BY MR. ADARSH K. VASHISTA,
ADVOCATE)
AND
SH. SHAMSHER SINGH, S/O SHRI
BALWANT SINGH, RESIDENT OF
VILLAGE RINNA, P.O. BHADWAR,
TEHSIL NURPUR, DISTRICT
KANGRA (H.P.)
.....RESPONDENT
(BY MS. DEVYANI SHARMA,
ADVOCATE)
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2
This appeal coming on for presence of parties this day,
Hon'ble Ms. Justice Sabina, passed the following:
.
ORDER
Appellant has filed the appeal challenging judgment/decree dated 28th September, 2020, passed by the Family Court, Kangra at Dharamshala, District Kangra, whereby the divorce petition filed by the respondent under Section 13(1) (i-a) & (i-b) of Hindu Marriage Act, 1955, was decreed.
2. During the pendency of the appeal, the case was referred for Mediation. Before the Mediator, parties have amicably resolved their dispute. The order passed by the Mediator dated 4 th March, 2022, reads as under:-
"After having deliberations between the parties for a long time i.e. for about two hours, both the parties have agreed to resolve their dispute by way of amicable settlement. The marriage between the parties was solemnized on 23rd October, 2004, as per Hindu customs and rites. Two children were born out of this wedlock, namely, Ashmit and Ashita aged about 16 years and 12 years, respectively. Unfortunately, husband and wife could not live together since 2009, as such, marriage have no meaning between the parties. Both the parties have decided that order as is passed by the learned Family Court, Kangra at Dharamshala dated 28.09.2022, will remain operative and the petitioner has undertaken that he does not want to pursue the First Appeal bearing No. 4 of 2021 pending in the Hon'ble Court.. The respondent has further agreed that he will pay a lump sum amount of ::: Downloaded on - 01/04/2022 20:10:53 :::CIS 3 Rs.7,50,000/- (Rupees Seven Lakh Fifty Thousand only) as a permanent alimony to the petitioner. The respondent has undertaken to pay the aforesaid amount in the .
instalments. On 31.03.2022 an amount of Rs. 1,25,000/-
(Rupees one Lakh Twenty Five Thousand only)and second instalment will be paid by respondent on 30.09.2022 an amount of Rs. 1,25000/- Rupees one Lakh Twenty Five Thousand only) and third instalment will bepaid on 31.03.2023 an amount of Rs.1,50,000/-(Rupees One Lakh Fifty Thousand only). The fourth instalment of Rs.1,50,000/ (Rupees One Lakh Fifty Thousand only) will be paid on 30.09.2023 and fifth instalment will be paid on 31.03.2024 in the sum of Rs.1,50,000/-/-(Rupees One Lakh Fifty Thousand only). Last instalment of Rs.50,000/-
(Rupees Fifty Thousand only) will be paid by the respondent on 30.09.2024. The respondent has undertaken to pay the amount of permanent alimony in the sum of Rs. Rs.7,50,000/- (Rupees Seven Lakh Fifty Thousand only) in six instalments stated herein (supra). In this way, whole amount of permanent alimony will be paid by the respondent to the petitioner. The mode of the payment will be through bank draft or by way of cheque. The respondent has agreed that he will continue to maintain his son and daughter in a proper manner. Respondent has also agreed to arrange the marriage of his daughter with the consent of the petitioner i.e. mother of the daughter and bear all expenses of marriage as per his capacity. He will continue to pay a sum of Rs.1500/- to his son up till the attaining of his majority and after majority he will also bear the expenses of his studies and food. The respondent has also undertaken that he will continue to pay a sum of Rs.1500/- to his daughter up till the time she is married. Further, right of the children in the ::: Downloaded on - 01/04/2022 20:10:53 :::CIS 4 moveable and immovable property of respondent will remain intact in future. All the litigations Civil, Criminal or pertaining to the matrimonial relations have come to an .
end. It has also been decided by both.the parties that petitioner will be having no right to any other claim except permanent alimony.
The petitioner has specifically stated that she does not want to pursue the present proceedings before this Hon'ble Court in lieu of the aforesaid compromise and have also undertaken that there will be no litigation in future on account of the matrimonial relations inter se the parties. In this way, all the litigation have come to an end. The statements made by the parties vide Annexure P-1 and P-2, will remain as part and parcel of the mediation proceedings. Both the parties have undertaken to attend the Hon'ble Court on 31.03.2022"
3. Parties are present in person and have admitted the factum of compromise effected between them before the Mediator.
Respondent has handed over a Bank draft and five post dated cheques to the appellant, in terms of the compromise effected between the parties. Photocopies of the same have been placed on record.
4. Appellant has submitted that in view of the compromise effected between the parties, she may be permitted to withdraw the appeal. Appellant has further submitted that she has no objection, if Criminal Appeal No.202 of 2019, titled State of H.P. versus Shamsher Singh & Others, under Section 498-A IPC, pending before learned Additional Sessions Judge-I, Kangra at Dharamshala, arising ::: Downloaded on - 01/04/2022 20:10:53 :::CIS 5 out of their matrimonial dispute, is ordered to be dismissed, in view of the compromise effected between the parties.
.
5. Accordingly, this appeal is dismissed as withdrawn. Parties shall remain bound by the terms of compromise. Criminal Appeal No.202 of 2019, titled State of H.P. versus Shamsher Singh & Others, pending before learned Additional Sessions Judge-I, Kangra at Dharamshala, is also ordered to be dismissed, in view of amicable settlement between the parties of their matrimonial dispute.
Pending application(s), if any, shall also stand disposed of.
(Sabina) Judge (Satyen Vaidya) Judge March 31, 2022 (ps/vh) ::: Downloaded on - 01/04/2022 20:10:53 :::CIS