Himachal Pradesh High Court
R/O Village Sakrah vs Maandvi Sharma on 19 September, 2022
Bench: Tarlok Singh Chauhan, Virender Singh
1
Reportable/Non-reportable
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 19th DAY OF SEPTEMBER, 2022
.
BEFORE
HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
&
HON'BLE MR. JUSTICE VIRENDER SINGH
FIRST APPEAL FROM ORDER (FAMILY COURT) No. 15 of 2022
Between:-
SMT. MANDAVI SHARMA
W/O SH. JITENDER KUMAR
D/O SH. ASHA SHARMA
R/O VILLAGE SAKRAH, P.O. CHAMBI,
TEHSIL SUNDERNAGAR, DISTRICT
MANDI, H.P.
....PETITIONER
(BY MR. SANDEEP SHARMA, ADVOCATE)
AND
1. SH. JITENDER KUMAR
S/O SH. NAROTAM DUTT SHARMA
R/O VILLAGE SEOLA (MITTARMA),
P.O. JUKHALA, PARGANA BAHADURPUR,
TEHSIL AND DISTRICT BILASPUR, H.P.
2. SH. SAROJ DULAL
S/O NOT KNOWN
R/O HOUSE NO. 1176, FIRST FLOOR,
24th MAIN GARDEN LAYOUT, SECTOR-2,
HSR LAYOUT, BANGLORE-560102.
(ALREADY PROCEEDED EX-PARTE BEFORE
THE LD. LOWER COURT).
..RESPONDENTS
(MR. N.S. CHANDEL, SENIOR
ADVOCATE WITH MR. VINOD GUPTA,
ADVOCATE FOR R-1)
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2
__________________________________________________________________
This appeal coming on for admission on this day,
Hon'ble Mr. Justice Virender Singh, passed the
.
following:-
JUDGMENT
FAO No. 15 OF 2022 & CMP NO. 13303 OF 2022 Report of the Mediator received. With the pro-active role played by the learned Mediator, the parties, out of their free will as well as result of mutual deliberations, have settled their matrimonial disputes.
2. Appellant Mandavi Sharma has filed the present appeal against the order dated 30.06.2022 passed by the learned Principal Judge, Family Court, Bilaspur, by virtue of which the learned Principal Judge, Family Court has allowed the application under Section 24 of the Hindu Marriage Act and granted the litigation expenses to the tune of Rs.15,000/- to the appellant.
3. Record of the case reveals that petitioner No.1 (hereinafter referred to as the 'husband') has filed a petition under Section 13 of the Hindu Marriage Act seeking divorce from the respondent (hereinafter referred to as the 'wife'). The lis has been instituted by the husband on 23.09.2019.
Meaning thereby that they are litigating and residing separately from that date.
::: Downloaded on - 21/09/2022 20:01:43 :::CIS 34. Now, by way of the settlement, the parties to the marriage have settled their matrimonial disputes.
5. In the normal circumstances, this Court would have .
relegated the parties to seek the divorce on the basis of their mutual consent before the learned Principal Judge, Family Court, Bilaspur, but keeping in view the facts as pleaded in the petition as well as the fact that now the parties have decided to part their ways and to obtain under Section 13(b) of the Hindu Marriage Act, as such, by exercising the powers under Section 151 CPC, their prayer to dissolve the marriage on the basis of their mutual consent has been found favour from this Court.
6. The terms and conditions of the settlement arrived at between the parties before the learned Mediator are reproduced here as under:-
1. That the respondent(Jitender Kumar) has filed HMA No. 42/3 of 2019 before the learned Principal Judge, Family Court, Bilalspur, District Bilaspur, H.P. titled as Jitender Kumar vs. Maandvi Sharma and another under Section 13(1) and (i a) of Hindu Marriage Act,1955 for decree of divorce against the order dated 30.6.2022, passed by the learned Court below in the aforesaid petition, whereby application under Section 24 of the Hindu Marriage Act for grant of maintenance pendent-lite has been partly allowed in favour of the appellant herein, the present appeal before this Hon'ble Court has been filed.::: Downloaded on - 21/09/2022 20:01:43 :::CIS 4
2. The parties agree, acknowledge and consent that their marriage solemnized on 21.1.2015 be annulled by a decree of mutual divorce for which purpose the parties have agreed to file a petition before this .
Hon'ble Court under Section 13(B) of the Hindu Marriage Act for a decree of mutual divorce. The said petition will form part of this settlement which the parties have undertaken to present before the Hon'ble Court on the next date.
3. It is clearly understood agreed and acknowledged between the parties that all allegations or counter allegations made in the petition for divorce or elsewhere interse the parties stand withdrawn without any consequence and that neither of the parties will propagate or take advantage of such allegation more especially as leveled in the petition for divorce against the appellant herein. Thereby, the divorce by mutual consent will be granted by the Hon'ble Court on the ground that despite best efforts made between the parties they have not been able to discharge their matrimonial obligations towards each other despite best efforts made and there is a complete break down between them with respect to their matrimonial relationship and there is no hope even in future for any reconciliation between the parties in this behalf.
4. Parties have further agreed, acknowledged and consented that in lump-sum payment of Rs.27,00,000/- (twenty seven lacs) will be paid by the respondent(Jitender Kumar) to the appellant Maandvi Sharma. This amount is in discharge of all the consequential legal liabilities including ::: Downloaded on - 21/09/2022 20:01:43 :::CIS 5 permanent alimony, maintenance etc. which have arisen or may arise in future on account of mutual divorce or on any other account whatsoever with payment of this amount the appellant Ms. Maandvi .
Sharma has no other claim whatsoever of any kind on any count against the respondent Jitender Kumar or his parents. The payment has been agreed to be made before the Hon'ble Court on the next date by way of a bank draft drawn on a Nationalized Bank in favour of respondent No.1 Maandvi Sharma which will be handed over before the Hon'ble Court simultaneously with passing of the decree for divorce which this Hon'ble Court is requested to pass on the next date. Parties jointly request the Hon'ble Court to waive the statutory waiting period for passing the final decree for mutual divorce for the reason that there is no hope of any future reconciliation between the parties and that both the parties have to settle in life at the earliest possible.
5. Parties have also agreed that the gold ornaments of appellant Maandvi Sharma lying with the family of the respondent will be handed over to her before the Hon'ble Court on the next date. However, it is admitted, acknowledged and agreed by the appellant that she will not raise any objection whatsoever of any kind regarding the ornaments and whatever is returned to her will be accepted without any objection. Parties will not go into the further details of the ornaments with the handing over of such ornaments there will be left no claim.
6. The respondent Jitender Kumar also undertakes and acknowledges that he has no claim against the ::: Downloaded on - 21/09/2022 20:01:43 :::CIS 6 appellant for any ornaments which the family of the respondent has given to the appellant Ms. Maandvi Sharma and that she can keep those ornaments with her without any claim of the respondent.
.
7. Parties have also agreed that since they have opted to annul their marriage by a decree of mutual divorce, as such, in view of this development divorce petition HMA No. 42/3 of 2019 before the learned Principal Judge, Family Court, Bilaspur,H.P. will be rendered infructuous without any further adjudication of any kind. However, the name of respondent No.2 Saroj Dulal arrayed as respondent No.2 before the trial Court below will be deemed to have been deleted from the array of respondents for all intends and purposes likewise in view of this settlement name of Sh. Saroj Dulal be also deleted from the array of respondents in the present appeal before this Hon'ble Court so that complete effect with respect to withdrawing the allegations interese the parties is ensured. With this settlement, the present appeal before the Hon'ble Court will also be decided in terms of the settlement.
Parties in view of aforesaid settlement agree, admit and acknowledge that except for enforcing the aforesaid terms there is no interse claim, demand whatsoever of any kind between them and this settlement settles all their differences once for all.
The terms of the aforesaid settlement have been arrived at as a result of mutual negotiation between the parties. The said terms has also been read over and explained to them and also they have gone ::: Downloaded on - 21/09/2022 20:01:43 :::CIS 7 through the same and admitting the same to be correct and as per their instructions, they alongwith their learned counsel have signed the settlement in the mediation Centre on 14.9.2022."
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7. In order to honour the terms and conditions of the settlement, the husband has paid a demand draft of Rs.27,00,000/- today itself in the Court, copy of which has been placed on record. This amount is in discharge of all the consequential legal liabilities including permanent alimony, maintenance etc. which have arisen or may arise in future on account of mutual divorce or on any other account. In the settlement, the respondent-wife has also categorically stated that now she has no other claim whatsoever of any kind against the husband Jitender Kumar. There is no other ground or impediment as to why the relief, so claimed in the petition under Section 13(b) of the Hindu Marriage Act should not be granted to the parties to the marriage in this Court.
8. Considering all these facts, petition under Section 13(b) of the Hindu Marriage Act, which has been filed today, be taken on record. On the basis of terms of settlement, the marriage between the parties is dissolved under Section 13(b) of the Hindu Marriage Act on the basis of their mutual consent. The terms and conditions of the settlement be read as part of the decree sheet.
::: Downloaded on - 21/09/2022 20:01:43 :::CIS 89. The appeal stands disposed of in the aforesaid terms. A decree sheet be prepared accordingly. Pending application(s), if any, also stands disposed of.
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10. Since the marriage has been dissolved on the basis of mutual consent of the parties under Section 13(b) of the Hindu Marriage Act, as such, copy of this order be sent to learned trial Court along-with the record so that the record of learned trial Court could be consigned to the record-room.
( Tarlok Singh Chauhan )
r Judge
September 19, 2022 ( Virender Singh )
(naveen) Judge
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