Himachal Pradesh High Court
At Her Parental House vs Krishan Kumar on 6 October, 2021
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
.
ON THE 6th DAY OF OCTOBER, 2021
BEFORE
HON'BLE MR. JUSTICE SANDEEP SHARMA
FIRST APPEAL FROM ORDER NO. 47 of 2017
Between:
BHAWANA,
W/O SH. KRISHAN KUMAR,
R/O VILLAGE JALLON,
P.O. BARYARA,
TEHSIL KOTLI,
DISTRICT MANDI, H.P.,
AT PRESENT RESIDING
AT HER PARENTAL HOUSE
VILLAGE TRAYASAL,
P.O. DAWAHAN, TEHSIL KOTLI,
DISTRICT MANDI,H.P.
....APPELLANT
(BY MR. NAVLESH VERMA,
ADVOCATE)
AND
KRISHAN KUMAR,
S/O LATE SH. DALIP SINGH,
R/O VILLAGE JALLON,
P.O. BARYARA, TEHSIL KOTLI,
DISTRICT MANDI, H.P.,
PRESENTLY SERVING IN ARMY
NO. 15491746 F, KRISHAN KUMAR
SWR UNIT 9 HORSE, DOGRA
SQN, C/O 56 APO
....RESPONDENT
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2
(BY MR. ASHWANI PATHAK,
.
SENIOR ADVOCATE WITH
MR. ROHIT THAKUR, ADVOCATE)
Whether approved for reporting?.
This appeal coming on for hearing this day, the Court passed the following:
JUDGMENT
Instant appeal filed under Section 28 of the Hindu Marriage
Act, 1955, lays challenge to judgment and decree dated 12.1.2017, passed
by the learned Additional District Judge II, Mandi, District Mandi, H.P., in
HMA No. 39/12/12, whereby petition having been filed by the respondent
husband has been allowed and decree of divorce has been granted on the
ground of desertion and cruelty.
2. Precisely, facts of the case, as emerge from the record that
marriage inter-se appellant-wife and respondent husband was solemnized
on 21.10.2009, as per Hindu Rites and Customs, but fact remains that
both the appellant-wife and respondent-husband lived together upto May,
2011, whereafter, on account of certain differences, they started living
separately. Respondent-husband by way of petition filed under Section 13
of the Act prayed for dissolution of marriage by way of decree of divorce,
which was allowed vide judgment dated 12.1.2017, passed by the learned
Additional District Judge II, Mandi in HMA No. 39/12/12. In the aforesaid
background, appellant-wife has approached this Court in the instant
.
proceedings, praying therein to quash and set aside judgment and decree of
divorce passed by the court below.
3. Before matter could be heard on its own merits, this Court
having noticed the nature of controversy involved inter-se parties, deemed
it necessary to summon both the parties to the court so that possibility of
amicable settlement could be explored. Pursuant to order dated 29.9.2021,
both the appellant-wife and respondent-husband have come present.
Having interacted with both the parties, this Court finds that there is no
possibility of rapprochement or resettlement inter-se parties to the lis and
as such, both the parties, of their own volition, have decided to settle their
dispute amicably inter-se them, whereby respondent-husband has agreed
to pay sum of Rs. 12.00 lacs as permanent alimony in three equal
installments to the appellant-wife. It has been further agreed inter-se
parties that after the payment of the aforesaid amount of alimony, parties
shall have no claim of any kind against each others. As per the settlement
arrived inter-se parties, sum of Rs. 12.00 lac would be paid by the
respondent-husband to the appellant-wife in three equal installments i.e.
i.e. first installment on or before 1.11.2021, second installment on or
before 1.12.2021 and third installment on or before 1.1.2022.
4. This Court with a view to ascertain the correctness and
.
genuineness of the compromise arrived inter-se parties also deemed it
necessary to record the statements of the parties. Parties, on oath, state
before this Court that they of their own volition and without there being any
external pressure have entered into compromise, whereby they have
decided to get their marriage dissolved by way of mutual consent. They
state that as per the amicable settlement, sum of Rs. 12.00 lacs shall be
paid by the respondent-husband to the appellant-wife in three equal
installments and thereafter, they shall have no claim of any kind against
each other. They have undertaken to withdraw all cases against each other
in the court of law forthwith. Their aforesaid statements are taken on record.
5. Consequently, in view of the above, present appeal is disposed
of as compromised in light of terms and conditions as taken note herein
above. However, it is made clear that in case any of the party to the lis fails
to abide by the terms and conditions of the compromise as contained in the
judgment or the commitment given to this Court, he or she shall render
himself/herself liable for penal consequences as well as contempt of court.
Respondent wife through her counsel would make available her bank
account details to the respondent-husband, enabling him to deposit the
amount within the time stipulated by this Court in the instant judgment.
In case respondent husband fails to make the payment within the time
.
stipulated by this Court, judgment shall automatically revive and shall be
heard on its own merits. It is further ordered that till the payment of last
installment, interim order dated 8.3.2017, shall remain in force.
Accordingly, present appeal is disposed of, alongwith all pending
applications, if any.
6th October, 2021
(manjit)
r to (Sandeep Sharma),
Judge
